CLINGINGSMITH v. COOK

No. 16221.

347 S.W.2d 279 (1961)

John F. CLINGINGSMITH, Appellant, v. Frederich G. COOK, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

May 19, 1961.


Attorney(s) appearing for the Case

Lyne, Blanchette, Smith & Shelton, and Erich F. Klein, Jr., Dallas, for appellant.

Boling, Moore & Hausenfluck, and W. Barton Boling, Fort Worth, for appellee.


MASSEY, Chief Justice.

This is an appeal from an order overruling a plea of privilege.

Appellant Clingingsmith was one of several defendants in the suit brought by appellee Cook. Appellee's suit was essentially one by which he sought to annul and cancel a note secured by a deed of trust, and to cancel the deed of trust as an encumbrance upon his title. It was appellee's theory that the defendants other than appellant "suckered" him in a stock promotion scheme...

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