CLYMER et al. v. BOWEN

CLYMER et al. v. BOWEN. (Circuit Court of Appeals, Fifth Circuit. January 25, 1898.) No. 614. In Error to:the Circuit Court of the United States for the Northern District of Texas. This was an action by R. D. Bowen against J. M. Clymer and others to try the title and recover the possession of certain-lands described in the pleading. At the first trial the court instructed the jury to render a verdict for the defendants, but on a writ of error the judgment entered was heretofore reversed by this court (24 O. C. A. 446, 79 Fed. 53), and -the case was remanded, with instructions to grant a new trial. On the second trial there was a verdict and judgment for plaintiffs, and the defendants sued out a writ of error. J. G. Matthews, for plaintiffs in error. D'e Edward Greer and John L. Henry, for defendant ha error. Before PARDEE and McCOR-MICK, Circuit Judges, and NEWMAN, District Judge. [MAJORITY — PER CURIAM.] PER CURIAM. This is the second writ of error in this case, and presents no questions not considered in the first writ. On the last trial in the circuit court the case seems to have been submitted on substantially the same evidence as on the first trial, and the rulings of the trial judge on the questions presented and now assigned as erroneous were in conformity with the views expressed by this court on the first writ. Bowen v. Clymer, 24 C. C. A. 446, 79 Fed. 53. The equitable defense presented on the’ first trial was somewhat accented on the last; but no question is raised thereby which we can now consider. As we find no sufficient reason to change our views as to the law applicable, the judgment of the circuit court must be affirmed, and it is so ordered.