City of Houston v. Lawyers Trust Co.

TIREY, Justice.

This action is one in trespass to try title. The City of Houston filed a plea of not guilty. At the close of plaintiff’s evidence the City presented its motion for instructed verdict and again at the conclusion of all the evidence, and it was overruled. The court submitted two issues to the jury, they are, absent the burden of proof clause, substantially: (1) Do you find that the land involved in this lawsuit had ceased to be used for park purposes on or after August 12, 1951? to which the jury answered: “We do.” (2) Do you find that the land and property in question was…