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JOINER v. SULLIVAN

No. 6693.

260 S.W.2d 439 (1953)

JOINER et al. v. SULLIVAN et al.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied August 27, 1953.

Attorney(s) appearing for the Case

Boyet Stevens and Aubrey Robison, Daingerfield, Tex., for appellants.

Russell & Perkins, Mt. Pleasant, Tex., for appellees.

WILLIAMS, Justice.

J. D. McCleave and wife, Lillie Mae McCleave, under a deed dated May 25, 1933, conveyed to Fred D. McCleave, a son, a tract of land out of the G. W. Haynes Survey in Morris County, Texas, being described in three parcels aggregating 531/5 acres. This deed, which purports to convey the fee simple title with general warranty, contained a reservation or exception, the basis of this action for a declaratory judgment, which reads: "It is understood...

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