Murphy v. Ayers

BOLIN, Judge.

This possessory action was instituted by plaintiffs seeking to be restored to the possession of a three-acre tract of farm land and for $3600 damages for timber allegedly sold from the tract. Defendant, Dan Thomas Ayers, answered and reconvened for possession claiming ownership of the tract and damages for himself. In a written opinion the trial judge found that since neither plaintiffs nor defendant had shown the necessary possession all demands should be rejected. However, in an addenda to the original opinion he found the original plaintiffs should be ordered to assert their…