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RAINS v. THORNTON

No. 15652.

286 S.W.2d 174 (1955)

H. E. RAINS, Appellant, v. R. L. THORNTON, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 3, 1956.

Attorney(s) appearing for the Case

Chas. F. Umphress, Pat H. Kveton, Dallas, Doug Crouch and Brantley Pringle, Fort Worth, for appellant.

Coleman & Whitten, Earl Coleman, Hopkins & Hopkins, and Geo. M. Hopkins, Jr., Denton, for appellee.

MASSEY, Chief Justice.

On November 18, 1955, we entered judgment affirming the judgment of the trial court. After further study of the case on motion for rehearing, we have come to the conclusion that we were in error in so doing. The former poinion is hereby withdrawn and the following substituted therefor.

From a judgment for a party in position of defendant in a suit by a party in position of plaintiff to quiet...

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