Collins v. Jenkins

CROW, Judge.

Carol Gene Collins and his wife, Joan, (“Plaintiffs”) commenced an action against Everett Jenkins (“Defendant”) by filing a “Petition for Declaratory Judgment, Mandatory Injunction, and Damages.” The suit arose from a sale of some 217 acres of real estate by Defendant to Plaintiffs.

*893Plaintiffs’ petition prayed for judgment (a) ordering Defendant to surrender to Plaintiffs a warranty deed by which he had ostensibly conveyed the tract to Plaintiffs,1 (b) ordering Defendant to deliver an abstract of title to the tract to Plaintiffs, (c) determining the interests of the respective…