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BENGE v. SCHARBAUER

No. A-3939.

259 S.W.2d 166 (1953)

BENGE et al. v. SCHARBAUER et al.

Supreme Court of Texas.

Rehearing Denied July 15, 1953.

Attorney(s) appearing for the Case

Naman, Howell & Boswell, Waco, Wilson, Wilson & Logan, San Angelo, C. Douglas Forde, Jr., and Robertson, Jackson, Payne, Lancaster & Walker, Dallas, A. W. Walker, Jr., Dallas, for petitioners.

Turpin, Kerr & Smith and Stubbeman, McRae & Sealy, Midland, for respondents.

GRIFFIN, Justice.

This cause involves the construction of a paragraph in a deed from Clarence Scharbauer, Sr., et ux. (predecessors in title) as grantors to A. H. Benge, who with the heirs of his deceased wife, are the petitioners. The deed is dated December 17, 1941, and was delivered shortly thereafter and immediately recorded in Midland County, Texas, where the land was located. At the time of the trade, and the negotiations between the parties leading up to the...

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