No. 15460.

321 S.W.2d 123 (1959)

Ethel ATKINS et al., Appellants, v. Mack NEEDHAM et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 6, 1959.

Attorney(s) appearing for the Case

O'Connor & Douglass and W. H. Hall, Dallas, for appellants.

Esir Tobolowsky and E. D. Hurt, Dallas, for appellees.

DIXON, Chief Justice.

This suit was originally filed November 3, 1954, in the name of Commo Atkins, by Ethel Atkins, his wife, as next friend, against A. R. Atkins and Jessie Bell Atkins, husband and wife, and Mack Needham. Commo Atkins was the brother of A. R. Atkins.

Commo Atkins died while the suit was pending and Ethel Atkins and Juanell Barber, joined by her husband, E. L. Barber, were substituted as parties...

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