Lyons v. Butler

Cureton, Judge:

In this trespass to try title action, both respondent Lucy Ann Lyons and appellant James Thomas Butler claim title to a twenty foot strip of land. The matter was referred to a special referee. Before the special referee heard the case, however, a circuit court judge recalled it and placed it on the jury docket. A jury trial resulted in a verdict for Lyons. Butler appeals. We affirm.

By a consent order of reference dated May 23, 1983, the action was referred to a special referee who scheduled the case for a hearing on September 21, 1983. At the scheduled hearing, Lyons announced…