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WHITWORTH v. SMITH

No. 4496.

474 S.W.2d 813 (1971)

Gene WHITWORTH, Appellant, v. Raymond J. SMITH et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

December 10, 1971.

Attorney(s) appearing for the Case

Glenn & Thomas, Allen Glenn, Abilene, for appellant.

Quinn & Price, Nelson Quinn, McMahon, Smart, Sprain, Wilson & Camp, J. M. Lee, Abilene, for appellees.

WALTER, Justice.

Gene Whitworth filed suit against Raymond Smith and wife in trespass to try title and in the alternative to remove a cloud from the title to property located in Abilene, Taylor County, Texas. The Smiths filed a general denial, a plea of not guilty and in the alternative pleaded that the deed executed by them to Whitworth on February 16, 1967 and recorded in Vol. 822, page 595 of the Deed Records of Taylor County, Texas mistakenly conveyed all the...

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