HALL, Justice.
Appellant Boyd Gaither sued his stepmother, appellee Annie Gaither, in the district court of Bowie County, Texas, in trespass to try title to a certain 67 acre tract of land located and situated in said County, and also for recovery of personal property, about which there is no controversy here.
It was agreed between the parties that C. O. Gaither, deceased husband of appellee and father of appellant, was the common source of title.
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