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STEWART TITLE GUARANTY CO. v. LUNT LAND CORP.

No. A-8275.

347 S.W.2d 584 (1961)

STEWART TITLE GUARANTY COMPANY, Petitioner, v. LUNT LAND CORPORATION, Respondent.

Supreme Court of Texas.

Rehearing Denied July 12, 1961.

Attorney(s) appearing for the Case

Chancellor & Wood, Dallas, for petitioner.

Lyne, Blanchette, Smith & Shelton, Erick F. Klein, Jr., and Chas. M. Holland, Jr., with above firm, Dallas, for respondent.

NORVELL, Justice.

The trial court granted defendant-petitioner's motion for summary judgment. This judgment was reversed by the Court of Civil Appeals, 342 S.W.2d 376. We reverse this order of the lower appellate court and affirm the trial court's action. The undisputed facts are as follows:

On March 10, 1954, L. D. Tuttle and wife, by warranty deed, conveyed 50.1 acres out of the Henry Gough Survey (Abstract No. 493) Dallas...

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