Jones v. Ogletree Lumber Co.

DIES, Chief Justice.

The Ogletree Lumber Company, a partnership, as plaintiffs below, sued defendant below, B. H. “Brodie” Jones, to remove cloud from title to a 20.7 acre tract of land. The trial court granted Ogletree’s motion for summary judgment from which Jones has perfected this appeal. The parties will be referred to as they were below.

In a prior suit, plaintiffs brought suit against defendant describing the same property. The petition in the former suit contained two paragraphs in the form of a statutory trespass to try title action. The remaining paragraphs alleged damages by reason…