OPINION
JAMES, Justice.
This is an appeal from a summary judgment. We reverse and remand the case to the trial court for trial on the merits.
Plaintiff-Appellant L. L. McGuire owns a 35 acre tract which adjoins a 31.77 acre tract owned by Defendant-Appellee Mrs. Gladys M. Davis, both of which tracts abut upon U. S. Highway 67 in Ellis County, Texas. The McGuire tract and the Davis tract came from a common source of title. When McGuire purchased his...
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