Gage v. Owen

LANGDON, Justice.

This is a Trespass to Try Title Suit involving an undivided interest in minerals. A summary judgment was granted. The appellant and the appellees will be referred to as defendant and plaintiffs respectively.

Two questions are presented. They pertain to the Court’s action in granting the motion for summary judgment considered in the light of (1) the original action in trespass to try title to which defendant entered a plea of not guilty and (2) the defendant’s cross-action. Error in either respect requires reversal.

In connection with the first question the defendant having…