Earwood v. Smart

Opinion by

PHIL HARDBERGER, Chief Justice.

The cause underlying this appeal involves a dispute over whether a conflict exists between two land patents issued by the State of Texas. The appellants contend that the trial court erred in granting summary judgment in favor of the appel-lees on the defenses of limitations and estoppel by deed. The appellants further contend that the trial court erred in denying their motion for summary judgment because no vacancy existed between two surveys. The appellees, assert a cross-issue contending that the summary judgment could also be affirmed on the defense…