Bagwell v. Lotspeich

MOORE, Justice.

The opinion heretofore delivered on December 15, 1977, is hereby withdrawn and the following is substituted in lieu thereof.

This is an appeal from a summary judgment. Plaintiffs, Jack F. Bagwell and wife, Beatrice, brought suit to recover title to and possession of a 150.56-acre tract of land against defendant, Veda Marie (Lotspeich) Wilson, Individually and as Executrix of the Last Will and Testament of Wheeler Lotspeich, deceased, and as community survivor of the community estate of herself and her deceased husband, Wheeler Lot-speich. Also named as defendant was Tommy…