Smith v. Baker

McDONALD, Chief Justice.

This is an appeal from a summary judgment in favor of the defendant in a trespass to try title suit.

Plaintiffs Smith, et al., instituted this suit against defendant Baker, in trespass to try title for title and possession of an undivided 8/45ths interest in certain lands in Jack County. (Defendant is an uncle of the plaintiffs).

Defendant answered, pleading title to the land by virtue of a judgment rendered in 1955 by the District Court of Jack County, in which the contended for interest in the land was awarded to him; further plead 8 years peaceable and adverse…