State v. Davis

COLEMAN, Justice.

This suit, a formal trespass-to-try title action, was brought by appellees against the State of Texas for the purpose of quieting title to a mineral interest in certain land located in Matagorda County and to recover royalties previously paid to the State.

Both the State and appellees filed motions for summary judgment. Appellees' motion was granted and this appeal resulted.

In answer to appellees’ petition, the State of Texas filed a general denial, a plea of not guilty, a plea setting up the one year statute of limitation (Sec. 4, Art. 5329, Vernon’s Ann.Civ.St.Tex.), and a…