Higginbotham v. Davis

OPINION

GRAY, Justice.

This is an appeal from summary judgment in a trespass to try title action. Weldon Higginbotham sued to resolve a boundary dispute over a strip of land between his property and that of Marvin Davis. Davis claimed fee simple ownership of the same portion of land relying on his chain of title. The trial court entered summary judgment in favor of Davis. Higginbotham raises four issues contending that there are genuine issues of material fact to be determined and thus the granting of summary judgment was in error. We reverse and remand this cause to the trial court.

Factual &…