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KLEIN v. DIMOCK

No. 2-85-132-CV.

705 S.W.2d 404 (1986)

Lawrence W. KLEIN and Jimmy L. Klein, Appellants, v. Lee DIMOCK, and wife, Marcella Dimock, Appellees.

Court of Appeals of Texas, Fort Worth.

March 19, 1986.

Attorney(s) appearing for the Case

Neil, Hartman & McRae, and Karen E. McRae, Dallas, for appellants.

Banner, McIntosh & Dobbs, and Jack Banner, Wichita Falls, for appellees.

Before FENDER, C.J., and ASHWORTH and HILL, JJ.

OPINION

HILL, Justice.

Lawrence and Jimmy Klein appeal from the rendering of summary judgment against them on their suit to set aside deeds and trespass to try title.

We dismiss the appeal, and direct the trial court to dismiss the cause without prejudice because it is moot.

In 1973, L.A. Klein executed a deed granting land to appellees. This deed was neither delivered nor recorded during Mr. Klein's lifetime and was only found a few days after...

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