KELLY v. WOMACK

No. A-4346.

268 S.W.2d 903 (1954)

KELLY v. WOMACK et al.

Supreme Court of Texas.

Rehearing Denied July 7, 1954.


Attorney(s) appearing for the Case

Turpin, Kerr & Smith and Irby L. Dyer, Midland, for petitioner.

Stubbeman, McRae & Sealy and James G. Noland, Midland, Callaway & Reed and O. D. Montgomery, Dallas, R. W. Caton, Stanton, for respondents.


CULVER, Justice.

W. E. Kelly filed this suit against Eda Tenkhoff Womack et al., respondents, for the title and possession of 400 acres of land in Martin County. H. C. Burnam intervened as a plaintiff. Kelly is the only petitioner here.

Respondents defended on the ground that the deed under which petitioner claimed title from the common source was void because it was contrary to Section 26 of Article I of the Constitution of Texas, Vernon's Ann. St., declaring...

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