Slack v. Magee Heirs

CODY, Justice.

This was a suit in two counts brought by the Magee Heirs, joined by the State and Harris County as the statutory agent for the State, against the defendants, including appellant. The first count was in trespass to try title to the land described! in appel-lees’ (plaintiffs’ below) petition, it being stated in the petition that the State and County claim no interest except a right of way across the land. The second count was for a declaratory judgment to settle and fix the nature and extent of the rights of the parties in any portion of the aforesaid land; and in the alternative,…