Havard v. Carter-Kelley Lumber Co.

(after stating tile facts as above).

The judgment as entered in this case fails to make disposition of the title to the land, placed in controversy by the petition of the plaintiff, and the question is thereby presented of whether such judgment, in view of the pleading, can be characterized as a final one. Such question, raised on our own motion, must first be determined, for, if the judgment is not legally a final one, this court, under the statutes and numerous decisions, would not have jurisdiction to entertain the appeal.

As said in Linn v. Aramboult, 55 Tex. ■611, the test of a final…