Opinion
No. 3797.
September 15, 1960.
Appeal from the District Court, Harris County, W. Sears McGee, J.
Lamar Palmer, Houston, for appellants.
Spiner, Pritchard Thompson, Aubrey L. Roberts, Houston, for appellee.
Appellee sued appellant and another defendant for title and possession. Appellant filed a cross-action for debt. Summary judgment was rendered for appellee against defendants on his action for title and possession, the judgment reciting it was restricted to this issue. The cross-action is not disposed of, and there has been no severance. The order is interlocutory and not appealable. Pan American Petroleum Corp. v. Texas Pacific Coal Oil Co., Tex.Sup., 324 S.W.2d 200; Pierce v. Reynolds, Tex.Sup., 329 S.W.2d 76. The appeal is dismissed.