L. S. Howard Et Ux. v. County Nolan Et Al‪.‬

This is an appeal from a summary judgment. L. S. Howard and wife, after securing legislative authority, brought suit against defendants, the State of Texas and Nolan County, to set aside a deed conveying certain land to the defendants for highway purposes. They sought in the alternative to recover damages in the sum of $8,600. Defendants filed a plea in abatement to plaintiffs claim for damages on the ground that they had not secured legislative permission to sue therefor. H.C.R. No. 66, Acts 55th Leg.Reg.Session 1957. The plea in abatement was sustained without prejudice to plaintiffs right to urge their claim for damages upon securing legislative authority. No point is urged complaining of the action of the court in sustaining the plea in abatement. As grounds for setting the deed aside, plaintiffs alleged mutual mistake and fraudulent concealment. Upon a trial issues on the question of fraudulent concealment were submitted to the jury, but the jury was unable to reach a verdict. Thereafter the defendants filed a motion for summary judgment on that part of the suit seeking to set aside the deed. The motion for summary judgment was granted and plaintiffs L. S. Howard and wife have brought this appeal.