Henry F. Lanham v. Robert L. Howell, Individually and as of the Last Will and Testament of J. D. Lanham, Deceased

Fifth Circuit

Henry F. Lanham v. Robert L. Howell, Individually and as of the Last Will and Testament of J. D. Lanham, Deceased

200 F.2d 799, 1953 U.S. App. LEXIS 2260

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 14, 1953

Docket14014_1

StatusPublished

This text of 200 F.2d 799 (Henry F. Lanham v. Robert L. Howell, Individually and as of the Last Will and Testament of J. D. Lanham, Deceased) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henry F. Lanham v. Robert L. Howell, Individually and as of the Last Will and Testament of J. D. Lanham, Deceased, 200 F.2d 799, 1953 U.S. App. LEXIS 2260 (5th Cir. 1953).

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Opinion

RIVES, Circuit Judge.

This appeal is from a summary judgment dismissing the complaint on the ground that the matter is res judicata having been finally determined by the Supreme Court of Mississippi in Lanham v. Howell, 210 Miss. 383, 49 So.2d 701. The complaint claims federal jurisdiction on the ground of diversity of citizenship, alleging but not specifying fraud and seeking to invoke the equity powers of the federal court to' annul the will of J. D. Lanham, deceased, hoping thereby to vest the entire estate in his heirs at law. Two of the persons who would be heirs at law of J. D. Lanham, deceased, if he had died intestate, are residents of Mississippi ; and if they were made parties, the court would be deprived of jurisdiction. While logically the question of jurisdiction should be the first decided, the district court *800 passed it over because it seemed so entirely clear that the matter was res judicata. We agree. The final judgment in the state court on the merits between the same parties is conclusive in this court. Jarrard v. Southeastern Shipbuilding Corporation, 5 Cir., 163 F.2d 960, 961; Hudson v. Lewis, 1 Cir., 188 F.2d 679, 680; Larter & Sons, Inc. v. Dinkier Hotels Company, Inc, 5 Cir., 199 F.2d 854. The judgment is therefore Affirmed.

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RIVES, Circuit Judge.

This appeal is from a summary judgment dismissing the complaint on the ground that the matter is res judicata having been finally determined by the Supreme Court of Mississippi in Lanham v. Howell, 210 Miss. 383, 49 So.2d 701. The complaint claims federal jurisdiction on the ground of diversity of citizenship, alleging but not specifying fraud and seeking to invoke the equity powers of the federal court to' annul the will of J. D. Lanham, deceased, hoping thereby to vest the entire estate in his heirs at law. Two of the persons who would be heirs at law of J. D. Lanham, deceased, if he had died intestate, are residents of Mississippi ; and if they were made parties, the court would be deprived of jurisdiction. While logically the question of jurisdiction should be the first decided, the district court *800 passed it over because it seemed so entirely clear that the matter was res judicata. We agree. The final judgment in the state court on the merits between the same parties is conclusive in this court. Jarrard v. Southeastern Shipbuilding Corporation, 5 Cir., 163 F.2d 960, 961; Hudson v. Lewis, 1 Cir., 188 F.2d 679, 680; Larter & Sons, Inc. v. Dinkier Hotels Company, Inc, 5 Cir., 199 F.2d 854. The judgment is therefore Affirmed.

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Bluebook (online)

200 F.2d 799, 1953 U.S. App. LEXIS 2260, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-f-lanham-v-robert-l-howell-individually-and-as-of-the-last-will-ca5-1953.

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