I concur in the disposition made in this case by the Chief Justice and desire to repeat what he has probably much 'better said, that the record in the case discloses a fact issue to be determined. In a summary judgment proceeding the Court may not decide an issue of fact, but may determine only if a material issue of fact is presented for determination. If there is none, then the judgment may be entered on the record, hut otherwise it may not. It seems to me the first ground contained in the motion for the summary judgment raises an issue of fact. It cannot be determined from the record if the lands sued for are the same lands foreclosed upon and purchased at the foreclosure sale. Evidence must be resorted to to determine that issue. Further, there are many parts of surveys listed in the description contained in the judgment in cause No. 2525 which cannot be identified from such descriptions. If the descriptions be good they can only be made good by a resort to proof outside the record. The motion undertook to make the judgment in 2525 a part of the record and invited the Court to consider it, together with the records and pleadings in such cause, and it is manifest from the judgment in this case the Court did consider it and the records in connection therewith. So, it seems to me, under the record alone the trial court was not authorized to render the summary judgment.