Gehrke v. State

POPE, Justice.

This is an appeal from an order of dismissal of plaintiffs’ action. Elizabeth Gehrke and others, in 1950, filed suit in trespass to try title against the State of Texas and others, to recover 25 acres of land which plaintiffs claim was sold for taxes in 1941 under a void judgment. Some of the defendants filed their plea in abatement to plaintiffs’ action and alleged that the property in 1950, and before plaintiffs filed their suit, was unitized for the production of gas on a 640-acre tract. Defendants thus invoked the rule of Veal v. Thomason, 138 Tex. 341, 159 S.W.2d 472, which…