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JOSEPH v. ELLIOTT

No. 10801.

345 S.W.2d 297 (1961)

Edward JOSEPH, Appellant, v. Nora Todd ELLIOTT et vir, Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied April 12, 1961.

Attorney(s) appearing for the Case

Cofer & Cofer, Douglass D. Hearne, Austin, for appellant.

Hardy Hollers, Austin, for appellee.

HUGHES, Justice.

In our opinion, this is not a proper case for the use of the remedy afforded by our declaratory judgment statute, Article 2524-1, Vernon's Ann.Civ.St.

For the purpose of this opinion, we accept as established the following statement taken from the brief of appellees:1

"While it is not shown in the record, by agreement of counsel, both Appellant and Appellees appealed from the order of the commissioners...

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