¶1On Appellee’s Motion for Rehearing.
¶2The appellee, State of Texas, has filed its motion for rehearing, praying that our decision above be set aside and that the judgment of the trial court be affirmed. In the alternative, it prays that, if the judgment be reversed, the cause be remanded to the trial court with instructions to enter the judgment asked for by appellant in the trial court, thus granting to appel-lee the right and opportunity to present its motion for new trial to the trial court. It points out that it desires to present evidence and authorities on such motion for *379new trial on the question of whether appellant has not acquired the interest in the land which her children inherited from their father, her deceased husband.
¶3We overrule the motion to set aside our decision in the above opinion, and adhere to our conclusion that the judgment should be reversed.
¶4We agree that the appellee should have an opportunity to present a motion for new trial in the trial court, and on the authority of De Winne v. Allen, 154 Tex. 316, 277 S.W.2d 95 and Thomas v. Kansas City Southern Railway Co., Tex.Civ.App., 305 S.W.2d 642, we grant the alternative prayer of appellee and reverse the judgment of the trial court, with instructions to enter the judgment offered and proposed on the trial by the appellant.
¶5Reversed and remanded with instructions.