ZAPATA v. TORRES

No. 17582.

464 S.W.2d 926 (1971)

M. C. ZAPATA, Appellant, v. Salvador TORRES, individually and as Executor of the Estate of Angel Monta Garcia, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 26, 1971.


Attorney(s) appearing for the Case

Robert E. Burns, Jack H. Davis, Burford, Ryburn & Ford, Dallas, for appellant.

Windle Turley, McKool, McKool, Jones & Shoemaker, Dallas, for appellee.


GUITTARD, Justice.

This suit was filed by Salvador Torres as executor and devisee under the will of Angel Garcia to cancel a deed executed by Garcia in favor of M. C. Zapata and Jerry Ray Zapata. The facts are undisputed and are stated in the pleadings.

On May 15, 1962, Garcia executed the deed in question conveying a house and lot to the Zapatas. The consideration recited is ten dollars paid and the assumption and agreement by grantees to pay "as same shall...

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