Kingelin v. Rogers

McDONALD, Chief Justice.

This is a boundary suit in the form of trespass of try title filed by the appellees, Bobbie Glynn Rogers, et ux., against appellants, W. G. Kingelin; et ux., involving the line between lots owned respectively by appellees and appellants in the City of Houston. Rogers and wife own Lot 4, Damon Court Addition to the City of Houston, and Kingelin owns Lot 3. Both derive their ownership from common source of title.

The strip of land in controversy is 2.25 ft. wide and 42.78 ft. long.

In 1937 one Travis Kirby, who owned Lot 4, and appellant Kingelin, who then ownéd Lot 3 as…