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MITCHELL v. MITCHELL

No. 6069.

233 S.W.2d 187 (1950)

MITCHELL v. MITCHELL.

Court of Civil Appeals of Texas, Amarillo.

July 24, 1950.

Attorney(s) appearing for the Case

Mat Davis, Gilmer, King Fike and J. W. Miller, Dalhart, for appellant.

Richards & Richards, Dalhart, for appellee.

LUMPKIN, Justice.

On May 21, 1949, the appellee, Dewey Mitchell, filed in the County Court of Dallam County, Texas, an application to probate an instrument alleged to be the Last Will and Testament of R. T. Mitchell, deceased. The case was numbered 833 on the probate docket. Notice of the application, directed "To the Sheriff or any Constable of Dallam County," was issued by the clerk and posted by the sheriff. The appellant, Josh Mitchell, filed a contest to appellee...

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