Venable v. Patti

CHADICK, Chief Justice.

The first question for consideration, though not the first to be briefed by the appellants Otis Venable and wife, Bithy Venable, is whether or not appellee Frank Patti has sufficient title to the land in suit to maintain an action in trespass to try title for its recovery. A possessory title is essential to such an action. 56 Tex. Jur.2d Trespass to Try Title, Section 9. Mr. Patti claims title to the land by virtue of a written Contract of Sale and Purchase made pursuant to the provisions of Vernon’s Tex.Rev.Civ.Stat.Ann. art. 5421m (Texas Veteran’s Land Program). On…