(CN) - John Wayne's jacket from the 1960 movie "The Alamo" is the bone of contention in a dispute between a Dallas auction house and Wayne's stuntman from the movie, who claims ownership of the jacket. "The Duke" produced and directed the film and starred in it as Col. Davy Crockett. Ellsworth Marshall Jones worked on the movie as Wayne's stunt double.
Part of Jones' compensation for working on the movie was that he got to keep the tan suede jacket with fringe on the chest, shoulder and sleeves, according to the Dallas County District Court lawsuit.
Heritage Galleries claims Jones gave the jacket to his nephew, Derek Jones, in 1990.
In October, Derek, through his wife, Christy, came to an agreement in October to auction the jacket. The contract stated that the jacket was genuine, that Derek owned it and that he had the right to consign it to Heritage.
Derek agreed to pay Heritage a 15 percent commission to sell the jacket at the Music & Entertainment Signature Auction, which took place in Dallas on Dec. 13 and 14.
But Heritage says Marshall stepped in before the auction and claimed the jacket still belonged to him because he was just allowing Derek to have it for safekeeping.
Heritage says it agreed with Marshall's attorney that the auction would proceed with the funds held in escrow.
The winning bid on the Alamo jacket was $119,500. However, Heritage claimed that Marshall dumped his attorney and still claims ownership of the jacket.
Heritage filed the lawsuit for declaratory judgment against Derek and Marshall, asking to the court to allow the sale to go through and for the jacket to be delivered to the winning bidder.
Dallas attorney Samuel Joyner is representing Heritage.