MONTGOMERY v. NEVINS

No. 10245.

270 S.W.2d 427 (1954)

MONTGOMERY et al. v. NEVINS et al.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied July 21, 1954.


Attorney(s) appearing for the Case

Golden, Croley, Howell & Johnson, John L. Roach, Dallas, for appellants.

McMahon, Springer, Smart & Walter, Smith, Eplen, Bickley & Pope, Scarborough, Yates, Scarborough & Black, Abilene, for appellees.


GRAY, Justice.

Appellants (children and successors in interest of J. A. Montgomery, deceased) filed this suit in statutory form of trespass to try title to recover title and possession of 11/12ths of an undivided ½th mineral interest in 1,280 acres of land in Runnels County. Appellees answered by a general denial, pleas of not guilty, limitation of three, five and ten years, estoppel, and bona fide purchases for value without notice of defects of title.

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