Pouns v. Zachery

KEY, Associate Justice.

O. C. Pouns instituted this suit in the form of an action of trespass to try title. Zachery, the defendant, filed a disclaimer as to part of the land and pleaded not guilty as to the remainder. The court rendered judgment for the defendant as to all the land sued for, and the plaintiff has appealed and presents the case in this court on two assignments of error.

Tinder the first assignment the contention is made that the plaintiff was entitled to recover because he put in evidence a judgment establishing his right to an easement in the land. Appellant sued in trespass to…