Opinion
No. 6837. Motion No. 12,400.
Decided April 1, 1936.
Judgment — Affirmance on Agreement.
Upon agreement of parties showing settlement, the judgment of the Court of Civil Appeals, reversing and remanding the case, will be affirmed without approval of any question of law discussed in the opinion of that court.
Error to the Court of Civil Appeals for the Second district, in an appeal from Wichita County.
Suit by Mrs. Owen Tumulty, in trespass to try title and for foreclosure of vendor's lien note, against Paul B. Stokes, individually and as guardian for the minor Marie Katherine Stokes, and A. L. Harper and wife, in which defendants reconvened for certain moneys paid to plaintiffs and those from whom she purchased the note. Judgment by trial court for plaintiffs was reversed and remanded by the Court of Civil Appeals ( 74 S.W.2d 417), and Mrs. Tumulty and A. L. Harper and wife, from whom Mrs. Tumulty bought the note, have filed applications for writs of error to the Supreme Court and both were granted. Since the granting of these applications a motion has been filed stating that all parties have agreed to a settlement of the matters in controversy and asking the Supreme Court to affirm the judgment of the Court of Civil Appeals, reversing and remanding the case to the trial court, and that costs be adjudged against the plaintiff in error.
Motion granted and judgment of Court of Civil Appeals affirmed.
Bullington, Humphrey King, for plaintiff in error Mrs. Tumulty, A. H. Britain, for plaintiff in error A. L. Harper and wife, all of Wichita Falls.
D. A. Nunn, J. W. Young, S. A. Denny, all of Crockett and J. M. Burford, of Dallas, for defendants in error.
There has been filed in this Court in this cause an agreement by all parties showing settlement of all matters in controversy herein. It is further agreed that the action of the Court of Civil Appeals reversing and remanding the cause may be here affirmed, in order that the agreed settlement may be effected in the trial court. The judgment of the Court of Civil Appeals reversing and remanding the cause is therefore affirmed without approval of any of the questions of law discussed in the opinion of said court; all costs in this Court to be paid by plaintiff in error.
Opinion delivered April 1, 1936.