CARPENTER v. PROBST

No. 12383.

247 S.W.2d 460 (1952)

CARPENTER v. PROBST.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied April 9, 1952.


Attorney(s) appearing for the Case

Carl & Lee, Houston, Sidney Benbow, Inez, for appellant.

Guittard & Henderson, Victoria, Crain & Hartman, Cuero, for appellee.


POPE, Justice.

Appellant D. C. Carpenter commenced this trespass to try title suit against appellee, O. G. Probst, seeking to prove title to a one-seventh interest in 150 acres of land. After the plaintiff and defendant had offered all their evidence, the trial court instructed a verdict in favor of Probst who claimed under a sheriff's deed to him on March 2, 1948. Whether two executions had been properly and timely issued so as to keep alive an eighteen year old...

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