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SMITH v. BAKER

No. 4212.

380 S.W.2d 725 (1964)

Vernon George SMITH et al., Appellants, v. Dan L. BAKER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 9, 1964.

Attorney(s) appearing for the Case

James M. Spiller, Jacksboro, James E. Forbis, Decatur, for appellants.

Rodgers & Stephens, Graham, for appellee.

McDONALD, Chief Justice.

This is an appeal from a summary judgment in favor of the defendant in a trespass to try title suit.

Plaintiffs Smith, et al., instituted this suit against defendant Baker, in trespass to try title for title and possession of an undivided 8/45ths interest in certain lands in Jack County. (Defendant is an uncle of the plaintiffs).

Defendant answered, pleading title to the land by virtue of a judgment rendered in 1955 by the...

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