Willoughby v. Jones

Petitioner, Ray W. Willoughby, who (with the sheriff of Brewster County) was a defendant below, was granted a summary judgment, which was reversed by the Court of Civil Appeals (over a dissent) on the ground that a fact issue was involved, the cause being remanded for trial. 245 S.W. 2d 341. The suit was a combined action of (a) trespass to try title to some 47,000 acres of land in Brewster County, (b) for removal of a cloud on the title thereto consisting of certain first and second lien deeds of trust held by the defendant-petitioner and a foreclosure judgment thereon in his favor against…