¶1(concurring).
¶2I concur in the judgment of this court reversing the judgment of the trial court and remanding the case for new trial on the basis of the holdings and reasons separately set out in this opinion.
¶3I agree that the summary judgment and permanent injunction should not have been granted in favor of appellee. It is also my view that the trial court should hear evidence in connection with appellants’ application for a receiver; that the trial court may, among other things, re-consider appellants’ motion for partial summary judgment under Texas Rules of Civil Procedure, rule 166-A, as amended effective January 1, 1971, in the light of the record which can properly be considered as summary judgment evidence, but without restricting the trial court to that procedure in connection with partition and distribution of the properties belonging to the joint owners. See Rule 776, T.R.C.P. I also agree that appellants’ point five (relating to their application for injunctive relief) should be overruled on the basis of the record presented here, and that this cause should be remanded for a completely new trial.