OPINION
MOWBRAY, Justice.
This case involves a sale of real property in October 1965 by Woodrow Utley and Anna Beth Utley, his wife, who are the appellants, to Wayne Pirtle, who was named as a defendant in the cause below, but who was never served with process and is not involved in this appeal.
The Utleys commenced this action in district court in May 1967, designating the following as defendants: Pirtle, the buyer; E.C. Smith, doing business as...
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