ROZELLE v. SMITH

No. 15963.

324 S.W.2d 627 (1959)

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

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 6, 1959.


Attorney(s) appearing for the Case

Spafford, Spafford, Freedman, Hamlin, Gay & Russell, and Franklin E. Spafford, Dallas, for appellants.

Crowley, Wright, Miller & Garrett, and Allen Crowley, Fort Worth, Charles Romick, Dallas, for appellees.


RENFRO, Justice.

On March 11, 1936, S. D. Smith, single, executed a general warranty deed to his daughter, Erma Smith Rozelle, and her husband, George F. Rozelle, Jr., which conveyed 128 acres of land known as the Rhinehardt place. In 1950, A. Merrill Smith sued the Rozelles, with prayer that the property be partitioned between the heirs of S. D. Smith, that the 1936 deed be declared a mortgage and set aside as a deed. Edna Smith Watson and S. D. Smith, Jr., were...

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