White v. Miller

McKAY, Justice.

Appellee, Charles Bolanz Miller, brought suit to remove a cloud from the title to a 219-acre tract of land in Kaufman County. The land was the subject matter of a contract of sale by and between the appellee as vendor and the appellants, Robert A. White, et al, as vendees. The contract of sale was not recorded, but an unacknowledged affidavit of an appellant referring to the contract was recorded. This affidavit caused the cloud on the title. Appellants filed a counterclaim for specific performance of the contract, or in the alternative for damages. Both parties filed motions…