General
FOSTER v. BOULO
176 F. 1022·United States Court of Appeals for the Fifth Circuit·1910
Before PARDEE, McCORMICK, and SHELBY, Circuit, Judges.
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Opinion
FOSTER v. BOULO.
(Circuit Court of Appeals, Fifth Circuit.
March 29, 1910.)
No. 2,009.
In error to the Circuit Court of the United States for the Southern District of Alabama.
Peter J. Hamilton, for plaintiff in error.
H. Pillans, for defendant in error.
Before PARDEE, McCORMICK, and SHELBY, Circuit, Judges.
[MAJORITY — PER CURIAM.]
PER CURIAM.
With all the evidence offered by the plaintiff below admitted, we are of opinion' that it is insufficient to establish title to the lot in controversy. Besides, see Boulo v. N. O., M. & T. R. R., 55 Ala. 480-493. But, however this may be; the plaintiff’s-claim is barred by the statute of limitations of the state of Alabama, as construed by the Supreme Court of that state. See Woodstock Iron Co. v. Fullenwider, 87 Ala. 584, 6 South. 197, 13 Am. St. Rep. 73; Lowery v. Davis (Ala.) 8 South. 79. The judgment of the Circuit Court is affirmed.