Berger v. Berger

WALLACE, Justice.

This is an appeal from a summary judgment for defendant in the trial court. Also assigned as error is the order of the trial court in dismissing Julian Berger as next friend of Mike Berger and dismissing Mike Berger as plaintiff.

Appellants and appellee are all children of Mike Berger. They will be referred to as they were in the trial court. Julian Berger, John Berger and Cecilia Berger Yargo were plaintiffs and William Berger was defendant.

On August 28, 1971, Mike Berger conveyed to William Berger 137½ acres of land in Grimes County, Texas. Consideration was $10.00 and love…