GAGE v. OWEN

No. 16665.

396 S.W.2d 189 (1965)

Coke L. GAGE, Appellant, v. Ida Ball OWEN et vir, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 3, 1965.


Attorney(s) appearing for the Case

Sewell & Forbis, and James E. Forbis, Decatur, for appellant.

Anderson & Connell and Henry J. Anderson, Jr., Wichita Falls, for appellees.


LANGDON, Justice.

This is a Trespass to Try Title Suit involving an undivided interest in minerals. A summary judgment was granted. The appellant and the appellees will be referred to as defendant and plaintiff's respectively.

Two questions are presented. They pertain to the Court's action in granting the motion for summary judgment considered in the light of (1) the original action in trespass to try title to which defendant entered a plea of not guilty and...

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