Bierschwale v. Oakes

COLEMAN, Chief Justice.

This is a suit to rescind a transaction whereby certain real estate was exchanged for certain promissory notes on the ground of fraud. Prior to the filing of this suit the real estate was sold to a bona fide purchaser and the plaintiffs seek to recover the proceeds of the sale. Other parties intervened claiming an interest in such proceeds. Judgment was entered on a jury verdict after certain special issues were disregarded by the court. Both the original plaintiffs and the defendants have appealed.

Roy W. Bierschwale, Weldon E. Countryman and Eli David Philley,…