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BIBBY v. PRESTON

No. 1036.

555 S.W.2d 898 (1977)

William P. BIBBY et al., Appellants, v. Joseph E. PRESTON, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied October 6, 1977.

Attorney(s) appearing for the Case

Merrit H. Gibson, Longview, for appellants.

Jerry S. Harris, Roberts, Harbour, Smith, Harris, French & Ritter, Longview, for appellee.

DUNAGAN, Chief Justice.

This is a suit to remove cloud from title and for actual and exemplary damages. Appellee Joseph E. Preston (hereafter called "plaintiff") through his second amended petition brought suit against defendants Ivy Laird, William P. Bibby and wife, Jo Ann Bibby, Cora Maye Rausheck, individually, and C. M. Rausheck, trustee. The case was withdrawn from the jury docket upon the failure of the defendants to appear for trial, pursuant to Tex.R.Civ.P...

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