Wright v. Wallace

OPINION

KENNEDY, Justice.

This is a summary judgment case. Ap-pellee, as record owner, brought suit to evict appellants. Appellants asserted title under the ten-year statute of limitations as an affirmative defense. Appellee’s motion for summary judgment awarding title to appellee as record owner was granted. Appellants bring one point of error asserting that there is a fact issue. We affirm the judgment of the trial court.

The rule is that, where the plaintiff moves for summary judgment in an action in which the defendant has pled an affirmative defense, he is entitled to have his summary…