Katz v. Rodriguez

The original dissent filed in this case is withdrawn and the following dissent is substituted therefor.

I respectfully dissent because the judgment of the trial court cannot be upheld for the reasons that plaintiffs did not prove either a superior title in themselves or the wrongful cloud on that title in the defendant.

The defendant obtained a general warranty deed from the Nycum Gin Company, Inc., a Texas corporation, which conveyed to him by metes and bounds, a tract of land out of Block 33 in a subdivision of Rio Hondo Park Townsite located on the Arroyo, Colorado in Cameron County, Texas,…