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MAGEE HEIRS v. SLACK

No. A-3921.

258 S.W.2d 797 (1953)

MAGEE HEIRS et al. v. SLACK.

Supreme Court of Texas.

Rehearing Denied June 14, 1953.

Attorney(s) appearing for the Case

William H. Scott, Criminal Dist. Atty. and W. K. Richardson, Asst. Criminal Dist. Atty., and Knipp & Broady, Houston, for petitioners.

Vinson, Elkins, Weems & Searls, Thomas Fletcher and Robert Morse, Jr., Houston, for respondents.

BREWSTER, Justice.

As originally filed, this case was an action in trespass to try title with alternative pleas for a declaratory judgment and for condemnation of a part of the land involved for highway purposes. The plaintiffs were 23 individuals, collectively designated as the Magee Heirs, the State of Texas, and Harris County. The defendants were Frank T. Slack and 10 other individuals. In the process of trial the cause became one of condemnation; and, because...

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