Schwartz v. Smith

The Court of Civil Appeals has affirmed the order of the trial court overruling a motion for new trial filed in accordance with Rule 329, Texas Rules of Civil Procedure. See, Schwarz v. Smith, 325 S.W. 2d 407.

*281The judgment sought to be set aside was one in trespass to try title, and in accordance with the usual practice in Rule 329 cases, the trial court on the basis of a jury verdict determined that at the time of the entry of the judgment sought to be set aside, namely, on February 25, 1954, the respondents or their predecessors had “good and valid title to and right to possession of the…