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NICOLAS v. McINTYRE

No. 6131.

459 S.W.2d 949 (1970)

Gabriel NICOLAS et ux., Appellants, v. James B. McINTYRE, Trustee, et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 18, 1970.

Attorney(s) appearing for the Case

Joseph J. Rey, Sr., El Paso, for appellants.

Mayfield, Broaddus & Perrenot, Francis C. Broaddus, Jr., Ellis O. Mayfield, Peticolas, Luscombe, Stephens & Windle, W. C. Peticolas, El Paso, for appellees.

OPINION

FRASER, Chief Justice.

The nature of the case as stated by the plaintiff-appellants is as follows: This suit was brought by the plaintiffs, Gabriel Nicolas and wife, Elena G. Nicolas, appellants, against defendants Ira Q. Mayhew, Mina Lou Mayhew Brady, Robert T. Schwarzbach, Trustee, James B. McIntyre, Trustee, and DeWitt and Rearick, Inc., to cancel trustee deed on the ground of constructive fraud. James...

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