MAHALEY v. JENKINS

No. 4152.

369 S.W.2d 846 (1963)

Dow MAHALEY et al., Appellants, v. J. A. JENKINS et al., Appellees.

Court of Civil Appeals of Texas, Waco.

July 18, 1963.


Attorney(s) appearing for the Case

Mays & Jacobs, Corsicana, for appellants.

Palmer & Palmer, Dallas, for appellees.


McDONALD, Chief Justice.

This case involves the right of the Trial Court to enter a judgment "nunc pro tunc," to correct a "misrecital of fact." In 1960 Mahaley sued Jenkins in trespass to try title to cancel an oil and gas lease held by Jenkins. The parties agreed that judgment should be entered for Mahaley, which judgment provided further that Jenkins should have 90 days to remove his equipment from the leased premises. The judgment was prepared by counsel for Mahaley...

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