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JUDD v. AIKEN

No. 4628.

497 S.W.2d 632 (1973)

Anna Lee Spires JUDD et al., Appellant, v. Ed AIKEN, Jr., Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied August 3, 1973.

Attorney(s) appearing for the Case

Charles Griggs, Nunn, Griggs, Beall & Wilks, Sweetwater, Charles B. Jones, Evans, Pharr, Trout & Jones, Lubbock, for appellant.

R. Temple Dickson, Mays, Moore, Dickson & Roberts, Sweetwater, for appellee.

WALTER, Justice.

Ed Aiken, Jr., as trustee for R. Temple Dickson and/or Don Aiken, recovered a declaratory judgment against Anna Lee Spires Judd declaring that she was competent to execute a contract and deed and for specific performance of the contract to convey 996.83 acres of land in Nolan County. Mrs. Judd has appealed and contends the court erred in submitting the following issue and definition:

"Do you find from a preponderance of the evidence that...

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