HENSARLING v. SOUTHERN STATES LIFE INS. CO.

No. 3168.

269 S.W.2d 555 (1954)

HENSARLING et al. v. SOUTHERN STATES LIFE INS. CO. et al.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 29, 1954.


Attorney(s) appearing for the Case

Pierce E. Holmes, Houston, for appellants Chas. E. Montgomery et ux.

Julia Mae Anderson, Houston, for appellants Hensarling and wife.

De Lange, Hudspeth & Pitman, Houston, for appellees.


TIREY, Justice.

This action is in the nature of a suit in trespass to try title. It does not yield to a simple statement.

When appellants rested, the Southern States Life Insurance Company and R. L. Cowling presented their motion for peremptory instruction, or, in the alternative, for the court to withdraw the cause from the jury and render judgment (such motion being presented subject to their right to proceed with their defense and their cross action) and...

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