BRYANT, J.
This matter comes on for consideration upon the motion of William G. Pickrel and others, plaintiffs, appellees herein, to dismiss the appeal on questions of law and fact of May T. Hrobon, defendant, appellant herein. Pickrel and others will be referred to as plaintiffs and Mrs. Hrobon as defendant.
The first ground of the motion is as follows:
"1. The action below was a statutory action for a declaratory
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