Swindall v. Van School Dist. No. 53

On Motion for Rehearing.

Appellees earnestly insist that our decision is, not only erroneous, but in eonilict with a number of Texas cases. 'We held that the .evidence raised an issue of fraud, that is, that Swindall, without negligence on his part, was led by deception to convey in fee simple *1099the acre Of land to the school authorities under the belief that the conveyance was upon a conditional limitation; therefore we concluded, as a matter of law, that the deed executed under such circumstances was void, because never assented to by the grantor; hence appellees, claimants under the void…