Ascension v. Saenz

I do not concur in the opinion of the majority and will now state the reasons for my dissent.

In the opinion of the majority the nature of the suit has not been correctly stated. In their amended petition, appellants correctly stated the nature of their suit as follows: “This is a petition as amended, to set aside deed obtained by fraud; and likewise a petition for specific performance of contract for sale of real estate; * * This statement is followed by an allegation to the effect that G. W. Wilkinson and Fielmon Saenz “connived and schemed with one another, with wrongful and fraudulent…