Court of Appeals of Texas January 19, 1956, No. 12957 (Burbridge v. Hicks)

HAMBLEN, Chief Justice.

This suit was originally instituted in the District 'Court' of Harris County by appel-lees, seeking therein to cancel a note and deed of trust on certain real property located in the City of Houston, and further seeking damages, actual and exemplary, in the sum of $40,000 on account of alleged fraud and deceit practiced upon appellees by the appellants.