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RILEY v. BURK ROYALTY COMPANY

No. 4428.

464 S.W.2d 426 (1971)

Billie Rae RILEY et al., Appellants, v. BURK ROYALTY COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

On Rehearing February 19, 1971.

Rehearing Denied March 12, 1971.

Attorney(s) appearing for the Case

Rutledge & Rutledge, R. M. Rutledge, Robert Ford, Abilene, for appellants.

McMahon, Smart, Sprain, Wilson & Camp, Stephen Suttle, Wagstaff, Alvis, Alvis & Leonard, Robert H. Alvis, Ben Niedecken, City Atty., Edward R. Paynter, Dist. Atty., Abilene, for appellees.

WALTER, Justice.

This is a suit to remove cloud of a judgment lien from title to an alleged homestead.

George D. Harris and his wife Billie Rae Harris purchased a residence at 917 Leggett Drive in Abilene in 1952 and dedicated, used and enjoyed it as a homestead. Burk Royalty Company obtained a judgment against Mr. Harris and recorded it in Taylor County on December 28, 1959.

Prior to the divorce proceedings, Mr. and Mrs. Harris were living in the...

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