DUNAGAN, Chief Justice.
This is an appeal from a summary judgment. An examination of the record in this case shows that on February 18, 1954, in Cause No. 8163, Third District Court of Houston County, Texas, Cornelius Brooks and others sued O. G. Hale and others for title and possession to 80 acres of land in Houston County; O. G. Hale duly and timely filed his answer; Cornelius Brooks died intestate in Dallas County, Texas, on or about August 9, 1954; and no administration...
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