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BURKITT v. BROYLES

No. 13262.

317 S.W.2d 762 (1958)

George W. BURKITT, III, Appellant, v. Gordon BROYLES, Appellee.

Court of Civil Appeals of Texas, Houston.

Rehearing Denied October 30, 1958.

Attorney(s) appearing for the Case

Alton King, Palestine, for appellant.

Franklin C. Williams, Palestine, for appellee.

WERLEIN, Justice.

This suit was filed by appellee, Gordon Broyles, against appellant, George W. Burkitt, III, to partition the surface only of certain lots in the Burkitt, Bordeaux and Wright Addition to the City of Palestine, in Anderson County, Texas. The appellant answered by general denial. Thereafter appellant filed a plea in abatement setting out that the deed records of Anderson County reflected that appellee had an undivided mineral interest in said property...

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