Boyt v. Weiser

PITTS, Chief Justice.

This suit was filed by appellant, E. W. Boyt, against appellee, R. I. Weiser, which suit in form was trespass to try title but in reality was one of boundary. It involved -16.9 acres of land, alleged by appellant to be a part of H. & T. C. Ry. Co. Section No. 22, Liberty County, while appellee, owner of land adjacent to Section No. 22, answered by a general denial, plea of not guilty and pleas of limitation. Appellee’s pleas of limitation were abandoned and the case was submitted to the jury on one boundary issue.

At the conclusion of the evidence appellant moved for…