BUTTERY v. BUSH

No. 1174.

575 S.W.2d 144 (1978)

Pearl BUTTERY, Appellant, v. Mrs. Lee BUSH, Appellee.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 11, 1979.


Attorney(s) appearing for the Case

James H. Pearl, Casseb, Leon, Rodgers, Strong & Pearl, San Antonio, for appellant.

Craig C. Radtke, Edward G. Marion, Jr., Hollon & Marion, Boerne, for appellee.


McKAY, Justice.

This is a declaratory judgment action by a lessor to have a lease of real property declared void and to declare the rights of the parties. Trial was to the court which granted judgment to the lessee based upon a plea of res judicata. The lessor now appeals.

Appellant Pearl Buttery, known also as Mrs. Miles Buttery, plaintiff below, owns a certain piece of real property located on the southwest corner of Main and Berry Streets in the city of...

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