Kirby Lumber Corp. v. Southern Lumber Co.

COE, Chief Justice.

This appeal is from a judgment of the trial court in a suit in trespass to try title brought by appellant as plaintiff in the trial court against appellees, defendants in the trial court. Appellant asserts title to an undivided 52½ acres out of a 160 acre tract in the George Clark survey in Tyler County, Texas.

This is the second appeal of this case. Our opinion on the first appeal is reported in 181 S.W.2d 859, in the case of Southern Lumber Company et al., appellees here, v. Kirby Lumber Corporation, appellant in this cause. While the facts on a former appeal are…