OVERTON v. BENGEL

No. 06-03-00165-CV.

139 S.W.3d 754 (2004)

John Harold OVERTON and Diana Jean Overton, Appellants, v. Juanita BENGEL, Independent Executrix of the Estate of Delbert Messner, Deceased, and Cherokee Water Company, Appellees.

Court of Appeals of Texas, Texarkana.

Decided July 2, 2004.


Attorney(s) appearing for the Case

Kathryn B. Moon, R. Daryll Bennett, Bennett Law Office, Longview, for appellants.

Gary Shaver, Boon, Shaver, Echols & Coleman, PLLC, Longview, for appellee Juanita Bengel, Ind. Executor.

H.P. Smead Jr., Smead, Anderson & Dunn, Longview, for appellee Cherokee Water Co.

Before MORRISS, C.J., ROSS and CARTER, JJ.


Opinion by Justice ROSS.

This appeal is from a judgment that decided whether an estate had the right to sell property of the decedent, Delbert Messner, to Cherokee Water Company, or if it had to honor an option to purchase belonging to John Harold Overton. Juanita Bengel, as independent executor of Delbert's estate, filed suit against Overton and his wife, Diana Jean, and Cherokee asking the court to declare the rights of the parties under the competing agreements...

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