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MONTAGUE CTY. v. HOWARD

No. 18247.

590 S.W.2d 833 (1979)

MONTAGUE COUNTY, Appellant, v. S. D. HOWARD, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

November 29, 1979.

Attorney(s) appearing for the Case

Jack Lovette, Bowie, for appellant.

Douthitt, Mitchell & Paul, and Frank Douthitt, Henrietta, for appellee.

OPINION

HUGHES, Justice.

Montague County has appealed from a summary judgment granted to S. D. Howard. County had sued to enjoin Howard from obstructing a road and to require him to remove a barbed wire fence therefrom. The only ground for trial court's granting of the summary judgment was that the description made from the survey used was insufficient to describe the land in question. County filed no answer to the unsworn motion for summary judgment filed...

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