Texas Supreme Court April 8, 1925, No. 4307. (Settegast v. Foley Bros. Dry Goods Co.)

Mr. Presiding Judge GERMAN

delivered the opinion of the Commission of Appeals, Section A.

This case is before the Supreme» Court on certificate from the Court of Civil Appeals at Galveston. We summarize the facts:

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On December 28, 1920, J. J. Settegast and wife were owners of Lots 11 and 12 in Block 45 in the City of Houston. On that date they executed to Foley Bros.