DECKER v. ELLIOTT

No. 16892.

425 S.W.2d 880 (1968)

Harold L. DECKER, Appellant, v. Esther ELLIOTT et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 29, 1968.


Attorney(s) appearing for the Case

Smoot & Smoot, and George A. Smoot, Wichita Falls, for appellant.

Prothro & Sellers, and Lee Sellers, Wichita Falls, for appellees.


OPINION

RENFRO, Justice.

This is a trespass to try title suit involving a tract of 110 acres of land in Archer County, Texas, with an alternative pleading of a constructive trust on the part of defendant should it be determined that he owned any interest in the land as a result of a quitclaim deed under which he claimed title.

The question before the trial court and this court is whether a provision in the will of Ida Decker, common source of title...

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