Phlegar v. Elmer

WINDES, Justice.

The dispute here is whether the trial court was correct in rendering a summary judgment in favor of appellee Marie L. Elmer, defendant and counter-claimant below, against appellants E. O. Phlegar and his wife, plaintiffs below, to quiet title to certain real property. Validity of the judgment must be tested by the facts reflected in the record.

Appellee is the former wife of one Thad G. Smith. While they were husband and wife, appellants in January, 1949, filed suit against them and attached the property in question. Mrs. Smith filed a declaration of homestead on the property…