Branham v. Minear

On Rehearing.

Counsel for appellants have filed an interesting motion for rehearing herein, which has been given careful consideration. In addition to the four points assigned and briefed for reversal of the judgment of the trial court on original hearing of the appeal, appellants now assert that the case should be reversed because of an alleged outstanding title. In this case, the asserted outstanding title would necessarily be in the State of Texas.

We agree that ordinarily in a trespass to try title suit, proof of an outstanding title may defeat a recovery by the plaintiff, but the rule is…