Burrow v. McMahan

WALKER, Justice.

This action in trespass to try title was instituted by James W. McMahan et al., respondents, to recover certain severed mineral interests in Foard County. Judgment was rendered in favor of respondents after a trial to the court on an agreed statement of facts, and the Court of Civil Appeals affirmed. 376 S.W.2d 850. As the case reaches this Court, the rights of the parties turn upon whether the attack made by respondents on a substitute trustee’s deed executed in 1937 is barred by Article 5523a, Vernon’s Ann.Tex.Civ.Stat. We hold that the statute does not apply where, as here,…