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, holding that the prior judgments in Masterson and Wagers are not binding muniments of title and that the presumption of a lost deed is not conclusive; consequently the plaintiffs failed to prove title and the defendants retain title. The opinion also notes dissenting opinions that argue the opposite.