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HOWARD v. COUNTY OF NOLAN

No. 3403.

319 S.W.2d 947 (1959)

L. S. HOWARD et ux., Appellants, v. COUNTY OF NOLAN et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied January 30, 1959.

Attorney(s) appearing for the Case

Beall, Nunn & Griggs, Sweetwater, Scarborough, Black & Tarpley, Abilene, for appellant.

Weldon Kirk, County Atty., Sweetwater, Will Wilson, Atty. Gen., H. Grady Chandler and Joe G. Rollins, Asst. Attys. Gen., for appellee.

COLLINGS, Justice.

This is an appeal from a summary judgment. L. S. Howard and wife, after securing legislative authority, brought suit against defendants, the State of Texas and Nolan County, to set aside a deed conveying certain land to the defendants for highway purposes. They sought in the alternative to recover damages in the sum of $8,600. Defendants filed a plea in abatement to plaintiffs' claim for damages on the ground that they had not secured legislative...

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