VanZandt v. Holmes

OPINION

THOMAS, Justice.

This is a boundary dispute tried in the form of a trespass to try title suit. Orville VanZandt, Plaintiff-Appellant, appeals a take-nothing judgment in favor of Defendants-Appellees, Dorothy McKelvy Holmes, Roger Holmes and Marvin Joe McKelvy. In a non-jury proceeding the court rendered judgment after VanZandt rested but before Appellees had produced any evidence or rested., VanZandt contends that the court erred in this regard because the evidence had raised material fact issues. We reverse and remand.

VanZandt, who had developed the Crest-view Addition to the City of…