Aley v. Hacienda Farms, Inc.

TITUS, Judge.

Plaintiff’s first amended petition filed March 28, 1975, asked actual and punitive damages of defendants for real estate trespass. The petition aped the description of the property recited in the March 18, 1966, deed given plaintiff by his grantors. Neither the deed nor the petition asserted that plaintiff’s north property line was delineated by an agreed boundary fence. On the day trial commenced, April 6, 1977, or two years after the first amended petition was filed, the court permitted plaintiff to again amend his pleading by declaring that his north property line “was an…