ESTATE OF McWHORTER v. WOOTEN

No. B-9235.

622 S.W.2d 844 (1981)

The ESTATE OF O. C. McWHORTER et al., Petitioners, v. Evie WOOTEN, Respondent.

Supreme Court of Texas.

Rehearing Denied November 18, 1981.


Attorney(s) appearing for the Case

Fanning, Harper, Wilson, Martinson & Fanning, Don D. Martinson, Dallas, Smither, Martin, Haggard & Henderson, Lloyd C. Martin, Huntsville, for petitioners.

W. T. Bennett, Huntsville, Clark, Thomas, Winters & Shapiro, Barry Bishop, Austin, for respondent.


RAY, Justice.

In June, 1974, Evie Larrison Wooten brought this trespass to try title suit for 165 acres of land in Madison County. In the alternative, Wooten sought a declaratory judgment that an agreed judgment rendered in Cause 938 in the District Court of Madison County in July, 1940, was of no force and effect and did not divest her of any interest in the 165 acres. Further in the alternative, Wooten sought to have the July, 1940 judgment reformed to the extent...

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