Irvin v. Smith

DIES, Chief Justice.

Willie Smith, plaintiff below, brought this suit to cancel a deed. He filed a motion for summary judgment which the court granted. This appeal is perfected by Bethine Hues, an intervening defendant who had acquired the title of certain named defendants.

Intervenor’s first point of error is:

“The trial court erred in rendering judgment upon appellee’s motion for summary judgment, as the summary judgment proof was insufficient to negate the existence of genuine issues of material fact.”

Since we are of the opinion that this point is good and the cause must go back for trial, it…