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WILLOUGHBY v. JONES

No. A-3490.

251 S.W.2d 508 (1952)

WILLOUGHBY et al. v. JONES et al.

Supreme Court of Texas.

Rehearing Denied October 29, 1952.

Attorney(s) appearing for the Case

Alfred E. Creigh, Jr., Alpine, Upton, Upton, Baker & Griffis, San Angelo, for petitioners.

E. B. O'Quinn, Marfa, for respondents.

GARWOOD, Justice.

Petitioner, Ray W. Willoughby, who (with the sheriff of Brewster County) was a defendant below, was granted a summary judgment, which was reversed by the Court of Civil Appeals (over a dissent) on the ground that a fact issue was involved, the cause being remanded for trial. 245 S.W.2d 341. The suit was a combined action (a) of trespass to try title to some 47,000 acres of land in Brewster County, (b) for removal...

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