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SMITH v. RIVIERE

No. 6556.

248 S.W.2d 526 (1951)

SMITH et al. v. RIVIERE.

Court of Civil Appeals of Texas, Texarkana.

On Motion for Rehearing April 5, 1951.

On Second Motion for Rehearing March 13, 1952.

Attorney(s) appearing for the Case

Pollard, Reeves & Boulter, and Lawrence & Lawrence, all of Tyler, for appellants.

Rex Emerson, Fairfield, Smith, Johnson & Hathaway, Tyler, for appellee.

HALL, Chief Justice.

This action was instituted on behalf of appellee against appellants for title and possession of a 93-acre tract of land located in Smith County. A second count sought cancellation of a deed dated March 20, 1943, from appellee to appellant Daisy Smith, on the grounds that appellee was mentally incompetent to execute said deed, that he was unduly influenced by appellant Daisy Smith and for failure of consideration. Appellants joined the issues and...

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