Dale E. Barker Et Ux v. Coastal Builders

The respondent brought suit in the District Court of Brazoria County, Texas, against petitioners wherein it sought to remove a cloud from its title to a strip of land 30 ft. x 40 ft. located in the northeast corner of the east half of lot 8, Block 161, Dows First Addition to the town of Freeport, Brazoria County, Texas, (hereinafter designated the E. 1/2 of Lot 8). It was alleged that through mutual mistake this strip had been included in a warranty deed from Coastal Builders, Inc. (hereinafter called Coastal) to W. K. Martin and wife, conveying the E. 1/2 of Lot 8, but that Coastal had remained in possession of such strip at all times since the execution and delivery of the deed,