Barnes v. Milligan

This is an action involving title to and possession of certain ranch land lying between the boundary line described in conveyances, and a boundary fence erected and maintained for more than 10 years.

The plaintiff’s original petition was an action for willful trespass and damages. The defendant Milligan’s counterclaim asserted adverse possession of the disputed tract and prayed that title be quieted in him. Plaintiff’s amended petition sought damages and delivery of possession. Both parties filed motions for summary judgment. The court overruled defendant’s motion for summary judgment, granted…