SMITH v. ROZELLE

No. 3244.

282 S.W.2d 122 (1955)

A. Merrill SMITH et al., Appellants, v. George F. ROZELLE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 29, 1955.


Attorney(s) appearing for the Case

Chas. Romick, Dallas, for appellants.

Spafford, Spafford, Freedman, Hamlin, Gay & Russell, Dallas, for appellees.


McDONALD, Chief Justice.

This is an appeal from a judgment sustaining defendants' motion for an instructed verdict, discharging the jury, and rendering judgment for defendants. Plaintiffs sued defendants for partition of 128 acres of land in Dallas County which had been the property of Samuel D. Smith, Sr., deceased. Plaintiff A. Merrill Smith, one of the four children, and an heir at law, of the deceased, who died intestate...

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