Sparkman v. McWhirter

YOUNG, Justice.

This appeal is by R. H. Sparkman and wife from grant of summary judgment under provisions of Rule 166-A, Texas Rules of Civil Procedure, in favor of S. R. McWhirter, adjudicating title to 166 acres of land, Hunt County.

Appellee McWhirter had theretofore sued the Sparkmans for the land in proceedings of trespass to try title, alleging a value of $7,500, praying for writ of sequestration and filing bond in sum of $15,000; to which defendants interposed statutory denial; in turn seeking affirmative relief by cross-petition of trespass to try title; and alternatively, to set aside…