Ingrum v. Ingrum

I cannot agree with the majority opinion insofar as it holds, or gives the appearance of holding, that in a trespass to try title suit the issues of title or right to possession and damages are severable.1

Here, appellee seeks to recover damages and rents, which are “constituent elements of a cause of action in trespass to try title.” Cowden v. Cowden, 143 Tex. 446, 186 S.W.2d 69 (1945). The cause of action in trespass to try title asserted by plaintiff in this case, then, is a unit composed of the elements of title and damages. The conclusion that damages is a constituent element of the cause…