Legal Opinion · Dissent

Swilley v. McCain

Texas Supreme Court

Decided January 15, 1964No. A-8947Published

1DissentSmith, Justice

I respectfully dissent. Since it is my view that the plaintiffs, Mrs. Norah McCain et al., established title and were entitled to judgment awarding them title to both Lot 3 and Lot 5, this dissent is written in the light of the points of error presented in plaintiffs’ application for writ of error as well as the points upon which Swilley’s application was granted. I think a discussion of plaintiffs’ points will point up the soundness of my position in regard to the question upon which this court has rested its decision, and at the same time present plaintiffs’ position that the judgment in…

2Cases cited25 opinions

  1. Long v. KnoxTexas Supreme Court · 1956
  2. Kirby Lumber Corp. v. Southern Lumber Co.Texas Supreme Court · 1946
  3. Sartain v. Dixie Coal & Iron Co.Tennessee Supreme Court · 1924
  4. Ex Parte Emory H. HughesTexas Supreme Court · 1939
  5. Hermann v. AllenTexas Supreme Court · 1910

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