SHORES, Justice.
J.D. Lilly appeals from a partial summary judgment granted in favor of Percy Earl and Wilbert Earl, Sr., in this action to recover half of the proceeds from a public sale of real property for division. We reverse and remand.
Levi Nabors and his wife Bulah owned approximately seven acres of land as tenants in common. On June 3, 1975, they executed a certain instrument, the nature and validity of which determine this case. In pertinent part...
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