HORTON v. HARRIS

No. 1382.

610 S.W.2d 819 (1980)

Garfield HORTON et al., Appellants, v. Martha Paxson HARRIS et al., Appellees.

Court of Civil Appeals of Texas, Tyler.

Rehearing Denied January 15, 1981.


Attorney(s) appearing for the Case

William D. Perkins and Gilbert Spring, Lufkin, Samuel T. Biscoe, Dallas, for appellants.

Gordon Wellborn and Wellborn, Houston, Bailey & Perry, Glenn Perry, Henderson, for appellees.


MOORE, Justice.

This is a suit to cancel a deed or in the alternative to impose a constructive trust upon an 80-acre tract of land conveyed by appellants' ancestor, Eliza Horton, deceased, to appellee, Martha Paxton Harris, and her deceased husband, J. A. Harris. Appellants, who are the heirs of Woodson Horton and wife, Eliza Horton, both deceased, sought a cancellation of a deed dated January 28, 1952, executed by Eliza Horton, individually and as community survivor...

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