Fay v. Fay

HALE, Justice.

Appellant, W. M. Fay, instituted this suit on November 23, 1938, as an action in trespass to try title against appellee, W. P. Fay, for the recovery of a house and lot situated in Sherman, Texas. The case was submitted to a jury on special issues and upon their verdict the court rendered judgment that appellant take nothing and that appellee recover the property. The controlling question presented for decision by the appeal is the legal effect of an admission made by appellee and entered of record under District and County Court Rule No. 31 in order to obtain the right to open…