GRAVES, Justice.
This appeal is from a judgment of the District Court of Lavaca County, Hon. Lester Holt presiding without a jury, which, reduced to its essential substance, was this: "* * * judgment for the cancellation and removal as cloud upon title a deed executed by Dora A. Jacobs, September 24, 1943, to defendant, D. E. Evans, * * * and which deed attempted to convey to D. E. Evans in fee after the death of the grantor, Dora A. Jacobs, a 459/15 acres undivided...
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