Nale v. Carroll

FANNING, Justice.

This is an appeal by John T. Nale from a judgment rendered for the defendants in a suit brought by John T. Nale as plaintiff in which Herman Leath and wife intervened.

Trial was to the court without a jury, and after judgment the trial court filed his findings of fact and conclusions of law. No point is raised which challenges the findings of fact and we consider them as established by the evidence. The material facts however are not in dispute.

On and prior to April 8th, 1935, Leath and wife were the owners of a tract of land in the Mary Van Winkle Survey in Gregg County,…