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DILLON v. HODGES

No. 86-1429. Summary Calendar.

804 F.2d 1384 (1986)

Malcolm DILLON, Virginia Cutter, R.K. Dillon and J.W. Achen, Plaintiffs-Appellants, v. Delmon HODGES and Connell Ashley, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

December 3, 1986.

Attorney(s) appearing for the Case

Lamar D. Treadwell, II, Muleshoe, Tex., for plaintiffs-appellants.

Shafer, Gilliland, Davis, McCollum & Ashley, Steve Hershberger, Perry Davis, Jr., Odessa, Tex., for defendants-appellees.

Before RUBIN, RANDALL and HIGGINBOTHAM, Circuit Judges.

RANDALL, Circuit Judge:

Malcolm Dillon, Virginia Cutter, R.K. Dillon, and J.W. Achen (hereinafter "plaintiffs" or "appellants") appeal the district court's entry of a take nothing judgment in their trespass to try title action against Delmon Hodges and Connell Ashley (hereinafter "defendants" or "appellees"). Because we agree with the district court that the appellants and the appellees own the property as tenants in common, we affirm.

I.

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