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McCARTHY v. GEORGE

No. 18334.

609 S.W.2d 630 (1980)

Siebelt Marion McCARTHY, Jr., Margaret Mary Pung, Amelia Josephine Easley, Catherine Theresa Dalton, Nora Elizabeth McWilliams and Thomas Patrick McCarthy, Appellants, v. Augusta M. Lyscio GEORGE, Elizabeth W. Lyscio Ulrich, Robert L. Gooch, Charles W. Gooch and Alfred Lyscio, Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 31, 1980.

Attorney(s) appearing for the Case

Nolan Queen, Weatherford, Trickey & Trickey, and Richard Trickey, Fort Worth, for appellants.

O'Neal & O'Shaughnessy, and Jerry D. O'Neal, Weatherford, for appellees.

OPINION

HUGHES, Justice.

Defendants in the trial court have appealed the judgment in a trespass to try title suit involving 160 acres of land situated in Parker County. Plaintiffs recovered an undivided one-half interest in the disputed tract as heirs of one Elizabeth McCarthy. One of the plaintiffs, Charles Gooch, was before the court as an involuntary plaintiff.

We reverse and remand.

The plaintiffs (appellees) are the children and grandchildren...

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