Nagel v. Hopingardner

SAM D. JOHNSON, Justice.

Trespass to try title suit. The appellees, O. E. Hopingardner and wife brought suit for title by limitation under the ten-year statute, Art. 5510, Vernon’s Ann.Tex.Civ. St. The suit was brought against the record owner of the tract, Gilbert H. Nagel and against Clarence Nagel and Mrs. Pearl Nagel Barrow, appellants. The action involved a five-acre tract located in the northern part of the City of Houston designated as Lot 69, Aldine Gardens.

This same case was previously tried and submitted to a jury in December, 1969. At such trial the jury was unable to agree and the…