Klein v. Dimock

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 his death. In 1981, Mr. Klein executed a will, giving the same land in the deed to the same parties. While the probate of the will is pending, appellants…