McDANIEL v. CHERRY

No. 7350.

353 S.W.2d 280 (1962)

Richard E. McDANIEL et al., Appellants, v. F. G. CHERRY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied January 30, 1962.


Attorney(s) appearing for the Case

Richard E. McDaniel, McDaniel, Hunt & Fairchild, Center, for appellants.

G. R. Wellborn, J. N. Phenix, Law Office of Gordon R. Wellborn, Henderson, for appellee.


CHADICK, Chief Justice.

This is an action for declaratory judgment and alternatively in trespass to try title and for damages. The trial court instructed a verdict. Judgment that plaintiffs take nothing is affirmed.

The suit was filed by heirs of Mahaly Mann Nero, deceased, and such parties' vendees, as co-plaintiffs. These plaintiffs sought to establish title to an undivided interest in a 38 acre tract of land in the John Tomlinson Survey of Rusk County....

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