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GOTHARD v. SAUNDERS

No. 16830.

415 S.W.2d 718 (1967)

L. O. GOTHARD, Appellant, v. T. B. SAUNDERS, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied June 9, 1967.

Attorney(s) appearing for the Case

James N. Adams, Houston, for appellant.

Fannin & Fannin and Oliver W. Fannin, Jr., Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Texas Rules of Civil Procedure 93 "Certain Pleas To Be Verified", (succeeding Article 2010 R.C.S. of Texas, 1925) provides: "A pleading setting up any of the following matters, unless the truth of such matters appear of record, shall be verified by affidavit.

"* * *

"(h) Denial of the execution by himself or by his authority of any instrument in writing, upon which any pleading is founded, in whole or in part...

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