Opinion
No. 6264.
Decided June 30, 1934. Motion for Rehearing Overruled October 24, 1934.
Facts — Companion Case — Judgment.
Where the facts are the same and the judicial consideration warrant the same conclusion as that arrived at in companion case, the judgment will be affirmed for the reason stated in the companion case. San Lorenzo Title Improvement Company v. City Mortgage Company, ante, p. 25, followed.
Where the facts are the same and the judicial consideration warrant the same conclusion as that arrived at in companion case, the judgment will be affirmed for the reason stated in the companion case. San Lorenzo Title Improvement Company v. City Mortgage Company, ante, p. 25, followed.
Error to the Court of Civil Appeals for the Eighth District, in an appeal from El Paso County.
See San Lorenzo Title Imp. Co. v. City Mortgage Co. for the facts of this case.
Judgment of District Court sustaining general demurrer was affirmed by Court of Civil Appeals ( 48 S.W.2d 315) and Improvement Company brings error to Supreme Court.
Judgment affirmed.
McKenzie, Walthal Gamble, J. U. Sweeney, J. E. Quaid, Knollenberg Cameron, Sydney Smith, and J. F. McKenzie, all of El Paso, for plaintiff in error.
Richard F. Burges, Walter S. Howe, Turney, Burgess, Culwell Pollard, all of El Paso, for defendant in error.
This is a companion case to San Lorenzo Title Improvement Company v. City Mortgage Company, opinion delivered today.
In this case plaintiff in error sued defendants in error for certain lots and parcels of land in El Paso County, said land being situated on San Lorenzo Banco No. 302. Plaintiff in error's right to recover in this suit depends upon its title to the San Lorenzo Banco No. 302, and its petition in the District Court in this suit was identical in all essential respects to its petition in its case against City Mortgage Company, and the issues are the same as in that case.
The District Court sustained a general demurrer to plaintiff in error's petition in this case, as it did in the City Mortgage Company Case. This judgment was affirmed by the Court of Civil Appeals for the Eighth District. ( 48 S.W.2d 315.)
Upon the authority of the case of San Lorenzo Title Improvement Company v. City Mortgage Company, supra, the judgments of the District Court and of the Court of Civil Appeals are accordingly affirmed.