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CITY OF CARROLLTON v. DUNCAN

No. 2-86-128-CV.

742 S.W.2d 70 (1987)

The CITY OF CARROLLTON, Texas, Appellant, v. R.A. DUNCAN and Oscar H. Duncan, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Denied December 30, 1987.

Attorney(s) appearing for the Case

Law, Snakard & Gambill, Walter S. Fortney and John W. McNey, Fort Worth, for appellant.

Payne & Vendig, Talmage Boston, Dallas, for appellees.

Before FENDER, C.J., and BURDOCK and HILL, JJ.

OPINION

FENDER, Chief Justice.

This is an appeal by the City of Carrollton, Texas ("City") from a judgment establishing the boundary of lands owned by R.A. Duncan and Oscar H. Duncan ("Duncans") adjoining City's land being used as a golf course. The litigation was begun as a suit in trespass to try title and for damages but was finally litigated as a dispute as to the actual location on the ground of the boundary of the Duncan tract according to its description...

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