Ferguson v. Kelly

I respectfully dissent. The majority is quite correct legally. Hejl v. Wirth, 161 *400Tex. 609, 343 S.W.2d 226 (1961), still governs trespass to try title suits. It holds both that a plaintiff must recover on the strength of his own title and that the effect of a take-nothing judgment against a plaintiff is to vest title in the defendant. Our Supreme Court should address and change the latter rule.

It is archaic, in my humble opinion, to vest title in a party-defendant simply because the plaintiff has not shown title. If the defendant is to be vested with title, he should be required to plead and…