No. 7542.

378 S.W.2d 96 (1964)

Herschel E. LOVE, Appellant, v. Gertrude A. McGEE et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied April 28, 1964.

Attorney(s) appearing for the Case

T. D. Wells, Paris, for appellant.

Hardy Moore, Moore & Lipscomb, Paris, for Gertrude A. McGee, Carl N. McGee, Jr., Peggy Joyce Maness and husband, Thomas W. Maness.

No appearance for Lela Oakes Sorrells and husband, Sam Sorrells.

CHADICK, Chief Justice.

This litigation was originated by a statutory trespass to try title action. The judgment is modified and affirmed.

As the trial commenced, the defendant, Herschel E. Love, the appellant here, filed the following motion authorized by Rule 266, Vernon's Ann.Texas Rules of Civil Procedure, to-wit:

"Now comes Herschel E. Love, the defendant in the above entitled and numbered cause, and...


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