Gaut v. Daniel

OPINION

Opinion by:

CATHERINE STONE, Chief Justice.

We withdraw our opinion and judgment dated May 20, 2009 and issue the following opinion and judgment in their stead. R. Lowell and Paula E. Gaut appeal the trial court’s judgment rendering their deed to 47.71 acres void. The Gauts raise seven issues on appeal; however, we address only the first issue, which requires us to reverse the trial court’s judgment and render judgment in favor of the Gauts.

BACKGROUND

In this trespass to try title lawsuit, Miguel R. and Gloria R. Daniel sought to establish title by deed to 28 acres in Duval County, Texas.…