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SIMMONS v. McSPADDEN

No. 7209.

363 S.W.2d 888 (1962)

John W. SIMMONS et al., Appellants, v. Coleman D. McSPADDEN, Appellee.

Court of Civil Appeals of Texas, Amarillo.

December 17, 1962.

Attorney(s) appearing for the Case

Gibson, Ochsner, Harlan, Kinney & Morris, Amarillo, for appellants.

No one appearing for appellee.

DENTON, Chief Justice.

This is an appeal from an order of the trial court sustaining defendant's motion for summary judgment. The suit was instituted by John W. Simmons E. W. Simmons against Coleman D. McSpadden to foreclose a contract and equitable lien upon certain properties conveyed and transferred by John W. Simmons and wife to McSpadden. No brief has been filed by appellee.

On August 30, 1960, John W. Simmons and wife, Sara Ann Simmons, and McSpadden...

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