Smith v. Temple Industries, Inc.

TUNKS, Chief Justice.

This is a trespass to try title case. Temple Industries, Inc. was plaintiff in the trial court and Earl Smith was defendant. A non-jury trial resulted in a judgment for the plaintiff, Temple Industries, Inc., for title to the property in question. Earl Smith has appealed.

On October 17, 1953, Earl Smith, Travis Smith, and others were cotenants of a tract of land in the Juan Jose De Los Reyes League in Trinity County, Texas. On that date such cotenants, including Earl Smith, executed deeds effecting a partition of such jointly owned property. By such partition a certain…