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ADAMS v. MARSH

No. 5117.

563 S.W.2d 653 (1978)

Garry E. ADAMS, Individually, and d/b/a Famous Carpet Mills, Appellant, v. Joe E. MARSH et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

February 23, 1978.

Attorney(s) appearing for the Case

Thomas L. Hooton, Dallas, for appellant.

Guy W. Hull II, Guy W. Hull II & Associates, Garland, for appellees.

WALTER, Justice.

Mr. and Mrs. Joe E. Marsh recovered a judgment in a nonjury trial removing cloud from title to their real estate caused by the recording of a purported affidavit for Mechanic's and Materialman's Lien by the defendant, Garry E. Adams. Plaintiffs also recovered $1,000.00 damages for slander of title. Adams has appealed.

In his findings of fact, the court found:

"3) that Defendant on the 27th day of January, 1975, filed in the office...

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