Union Pacific Railroad Company v. Ameriton Properties Incorporated

OPINION

HARVEY BROWN, Justice.

Ameriton Properties Incorporated sought a declaratory judgment that it owned a strip of land in western Houston and that Union Pacific Railroad Company’s only interest in that land was a now- abandoned right of way. Union Pacific counterclaimed, seeking a declaratory judgment that it owned an undivided fee interest in the land pursuant to an 1879 deed and seeking its attorney’s fees. Am-eriton moved for summary judgment, which the trial court granted as to ownership of the land and denied as to attorney’s fees and costs. Union Pacific filed two motions for partial…