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STRIPLING v. HIGGINBOTHAM

No. 3934.

353 S.W.2d 48 (1961)

R. N. STRIPLING and Wife, Winfrey Leak Stripling, Appellants, v. Louis HIGGINBOTHAM, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 25, 1962.

Attorney(s) appearing for the Case

Duke Taylor, Center, for appellants.

Wardlow Lane, Center, for appellee.

WILSON, Justice.

The court instructed a verdict for defendant in this trespass to try title case on the ground that title was outstanding in a third person, a trustee in bankruptcy. Plaintiff says the evidence does not show an outstanding title such as to warrant peremptory action.

The evidence shows that in 1932 the land was conveyed to plaintiff's wife as named grantee, but was actually community property of plaintiff...

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