“On Motion for Rehearing.”
It is insisted that, by the 1938 quitclaim deed, defendants waived the right to claim defects in the prior foreclosure. At the time they signed the instrument of quitclaim, the record fails to show that defendants had such information regarding foreclosure as is necessary to constitute waiver; the term presupposing full knowledge of an existing right. Wirtz v. Sovereign Camp, W. O. W., 114 Tex. 471, 268 S.W. 438, Syl. 12.
Appellees’ motion for rehearing is overruled.