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BIERSCHWALE v. OAKES

No. 15804.

497 S.W.2d 506 (1973)

Roy W. BIERSCHWALE et al., Appellants, v. Herbert C. OAKES et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 31, 1973.

Attorney(s) appearing for the Case

Schlanger, Cook & Cohn, Joel W. Cook, Stephen C. Paine, Houston, for appellants Roy W. Bierschwale, Weldon E. Countryman and Eli David Philley.

Vinson, Elkins, Searls, Connally & Smith, James Greenwood, III, Houston, for appellants Herbert C. Oakes and United Properties, Inc.

T. D. Smith, Houston, for appellees Joe E. Counts, Marion E. Ford, Milford Frnka and T. D. Smith, Trustee.

James R. Tucker, Jamail & Gano, John Gano, Houston, for appellees James E. Meadows and Continental Mortgage & Realty of Houston, Inc.

Jonathan S. Day, Roger T. Baker, Houston, Attys.; Butler, Binion, Rice, Cook & Knapp, Houston, of counsel, for intervenor, Bank of Texas.

COLEMAN, Chief Justice.

This is a suit to rescind a transaction whereby certain real estate was exchanged for certain promissory notes on the ground of fraud. Prior to the filing of this suit the real estate was sold to a bona fide purchaser and the plaintiffs seek to recover the proceeds of the sale. Other parties intervened claiming an interest in such proceeds. Judgment was entered on a jury verdict after certain special issues were disregarded by the court. Both...

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