W. S. Swilley, Petitioners v. Mrs. Norah McCain, Respondents

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and affirmed the trial court's judgment for the defendants, holding that the prior judgments in Masterson and Wagers are not res judicata or binding stare decisis for the parties in this suit and that the presumption of a lost deed is not conclusive. The Court also held that the Swilleys are not estopped from denying the superiority of the George Young title.