JONES v. SMITH

No. 14-08-00639-CV.

291 S.W.3d 549 (2009)

Guy JONES, Appellant, v. Jeanne M. SMITH and Peter A. Morgenroth, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled July 30, 2009.


Attorney(s) appearing for the Case

George W. Dana, Houston, for appellant.

Gilbert Torres, Jack D. Ewing, Texas City, Thomas McQuage, Galveston, for appellees.

Panel consists of Justices YATES, GUZMAN, and SULLIVAN.


OPINION

EVA M. GUZMAN, Justice.

In this action to quiet title, two adverse parties claim to have purchased a house in Galveston; to have paid taxes on the property; and to have received—and lost—an unrecorded deed. Each party also obtained and recorded a replacement deed. Because the trial court's findings of fact and conclusions of law demonstrate that judgment was rendered based on an erroneous theory of law rather than the resolution of...

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