Garza v. Martinez Mercantile Co.

TIREY, Justice.

The Martinez Mercantile Company, Inc., brought this suit against Librado Garza, its tenant, for crop rents produced by defendant on approximately 620 acres of land located in Wilson and Karnes counties for the years 1944, 1945 and 1946, and for possession of the land.

Garza, in his second amended counterclaim and cross-action, sought to recover title to said property as against the Mercantile Company and Hugo Kott, whom he made a party cross-defendant. This pleading consisted of two parts, the first being a formal action in trespass to try title and the second part being in the…