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WHITE v. MILLER

No. 779.

518 S.W.2d 383 (1974)

Robert A. WHITE et al., Appellants, v. Charles Bolanz MILLER, Trustee, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 23, 1975.

Attorney(s) appearing for the Case

Hewett, Johnson, Swanson & Barbee, David P. Seikel, Don Campbell, Dallas, Morgan & Shumpert, Kurt Philippus, Kaufman, for appellants.

Green, Gilmore, Crutcher, Rothpletz & Burke, John Plath Green, Dallas, Harold Hollingsworth, Kaufman, for appellee.

McKAY, Justice.

Appellee, Charles Bolanz Miller, brought suit to remove a cloud from the title to a 219-acre tract of land in Kaufman County. The land was the subject matter of a contract of sale by and between the appellee as vendor and the appellants, Robert A. White, et al, as vendees. The contract of sale was not recorded, but an unacknowledged affidavit of an appellant referring to the contract was recorded. This affidavit caused the cloud on the title. Appellants...

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