Rodriguez v. Garcia

OPINION

NYE, Chief Justice.

The appellant in her first motion for rehearing asserts that this Court erred in assuming certain facts from the plaintiff’s pleadings that were not in evidence. After reviewing the record, we find that the appellant is correct on several of these assertions. For this reason, our original opinion and our opinion on motion for rehearing have been withdrawn and this opinion is substituted therefor.

This is a suit to cancel a mineral deed. Suit was brought by Refugio Garcia, the appellee, against Evila Garcia Rodriguez, Refugio Garcia’s niece. Mr. Garcia sought to cancel…