Short v. Lyness

HALL, Justice.

This is a trespass to try title action filed January 12, 1977, by plaintiffs-appellees Richard C. Lyness and wife against Gilbert Short and wife to recover title and possession of a 0.149-acre tract of land located in Johnson County. Plaintiffs based their suit for title solely upon their claim of ten years’ adverse possession of the tract by them and their predecessor, under the provisions of Articles 5510 and 5516, Vernon’s Tex. Civ.St.1 Plaintiffs also sought $250.00 damages for destruction of a fence by defendants.

Trial was to a jury. A single special issue was submitted to…