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SCHWARZ v. SMITH

No. A-7450.

329 S.W.2d 83 (1959)

Karl SCHWARZ et al., Petitioners, v. Allen SMITH et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 9, 1959.

Attorney(s) appearing for the Case

P. Harvey, Philip J. Montalbo, Philip M. Shafer, Houston, for petitioners.

Stovall & O'Bryant, P. R. Rowe, C. I. McFarlane, Houston, for respondents.

PER CURIAM.

The Court of Civil Appeals has affirmed the order of the trial court overruling a motion for new trial filed in accordance with Rule 329, Texas Rules of Civil Procedure. See Schwarz v. Smith, Tex.Civ. App., 325 S.W.2d 407.

The judgment sought to be set aside was one in trespass to try title, and in accordance with the usual practice in Rule 329 cases, the trial court on the basis of a jury verdict determined...

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