Wilhelm v. Bauman

KEY, Chief Justice.

Although the petition upon which this case was tried was in the form of trespass to try title, the testimony made it a boundary case; and, from a judgment for the plaintiff, the defendant has appealed.

The only reversible error is that pointed out in the second assignment, the objection being that the judgment does -not settle the controversy between the parties. The land in controversy is described in the plaintiff’s petition as part of a 150-acre tract belonging to the plaintiff, and by metes and bounds as follows: “Beginning at a point in the E. line of said 150 acre…