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THOMAS v. DAVIS

No. B-6733.

553 S.W.2d 624 (1977)

Marvin THOMAS, guardian of the Estate of Dan D. Davis, Sr., incompetent, Petitioner, v. John Henry DAVIS et al., Respondent.

Supreme Court of Texas.

June 29, 1977.

Attorney(s) appearing for the Case

Luna & Murto, Earl Luna and Thomas V. Murto, III, Dallas, for petitioner.

Kelsoe & Ayres, R. Jack Ayres, Jr., Dallas, for respondent.

PER CURIAM.

This case involves the filing of a motion for new trial after a default judgment was rendered by the Dallas County Probate Court Number Two cancelling deeds from Dan Davis, Sr., an incompetent, to his sons, John Henry Davis and Paul Davis. The court of civil appeals reversed the judgment of the probate court and remanded the cause. 548 S.W.2d 755. The holding of the court of civil appeals conflicts with Texas Rules of...

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