Walsh v. Austin

WARREN, Justice.

Mary Ellen Walsh and Bridget O’Maho-ney appeal from a summary judgment awarding title and possession of certain lands to C. W. Austin, Trustee.

The primary issue is whether appellee proved his title by competent summary judgment proof.

Appellee filed a suit in trespass to try title to 395.1148 acres of land in Harris County, alleging in his first amended original petition that two five-acre tracts encompassed by his tract were being claimed by appellants, that the deed to appellants’ predecessor in title was void, and that he was entitled to title and possession under the 3,…