BENGE v. SCHARBAUER

No. 4895.

254 S.W.2d 236 (1952)

BENGE et al. v. SCHARBAUER et al.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 19, 1952.


Attorney(s) appearing for the Case

Naman, Howell & Boswell, Waco, Wilson, Wilson & Logan, San Angelo, Douglas Ford, Dallas, for appellants.

Whitaker, Turpin, Kerr, Smith & Brooks and Stubbeman, McRae & Sealy, Midland, Earl A. Brown and R. T. Wilkinson, Jr., both of Dallas, for appellees.


SUTTON, Justice.

This is an appeal from the District Court of Midland County.

The trial was to a jury, but at the conclusion of the evidence the Court instructed a verdict in favor of Clarence Scharbauer and Ruth Scharbauer, known in the record as the "Scharbauer defendants" and judgment followed accordingly. The Benge defendants are the principal complaints on this appeal. The Magnolia Petroleum Company brought the suit as a stakeholder to construe a deed...

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