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SLACK v. MAGEE HEIRS

No. 12366.

252 S.W.2d 274 (1952)

SLACK v. MAGEE HEIRS et al.

Court of Civil Appeals of Texas, Galveston.

Rehearing Denied November 6, 1952.

Attorney(s) appearing for the Case

Vinson, Elkins & Weems, Thomas Fletcher and Robert E. Morse, Jr., Houston, R. Richard Roberts, of Houston, of counsel, for appellant.

Price Daniel, Atty. Gen. of Texas, Sam W. Davis, Cr. Dist. Atty., W. K. Richardson, Asst. Cr. Dist. Atty., Knipp & Broady, E. A. Knipp, of Houston, for appellees.

CODY, Justice.

This was a suit in two counts brought by the Magee Heirs, joined by the State and Harris County as the statutory agent for the State, against the defendants, including appellant. The first count was in trespass to try title to the land described in appellees' (plaintiffs' below) petition, it being stated in the petition that the State and County claim no interest except a right of way across the land. The second count was for a declaratory judgment...

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