Bagby v. Missouri-Kansas-Texas Railroad

This is a suit to try title to real estate. The trial court sustained a demurrer to plaintiffs' petition. Plaintiffs refused to plead further and the court found the issues for the defendant. From the judgment entered plaintiffs appealed.

The trial court sustained the defendant's demurrer on two grounds. First, because the petition failed to state facts sufficient to constitute a cause of action and second because it affirmatively appeared upon the face of the petition that the defendant was the owner of the fee simple title to the premises and that plaintiffs had no interest therein.

We deem…