Gage v. Owen

OPINION

MASSEY, Chief Justice.

Appellant Coke L. Gage was the defendant in a Trespass to Try Title case to a suit brought by appellees, Ida Ball Owen et vir., plaintiffs.

The case has once been before us, Gage v. Owen, 396 S.W.2d 189 (Fort Worth Tex.Civ.App., 1965, no writ hist.). At that time the plaintiffs had obtained a summary judgment. We reversed and remanded, holding that upon plaintiffs’ primary suit under Trespass to Try Title they failed to show that the defendant (who had filed a plea of not guilty) had no defense thereto other than limitation, their evidence being confined to a…