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WILSON v. THERRELL

No. 6687.

304 S.W.2d 723 (1957)

Guy WILSON, Appellant, v. John Edd THERRELL, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied September 9, 1957.

Attorney(s) appearing for the Case

Bradley & Geren, Grosebeck, C. S. Farmer, Waco, Edwin T. Burton, Houston, for appellant.

Wilson & Cureton, Waco, for appellee.

CHAPMAN, Justice.

Appellee herein, John Edd Therrell (plaintiff below), instituted this suit against appellant, Guy Wilson, to establish a constructive trust on 4/128ths interest in an oil and gas lease on 320 acres of land in Hutchinson County, Texas. Trial was to a jury and the issues submitted were as follows:

"Special Issue No. 1 "Do you find, from a preponderance of the evidence, that plaintiff, John Edd Therrell, and defendant, Guy Wilson...

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