Wallace v. Lackey

Opinion of the Court by

Judge Olay

— Reversing.

This action of trespass to try title was brought by F. T. D. Wallace, Jr., and others against James Q. Lackey, who denied- the title of plaintiffs and asserted title in himself by adverse possession, and by a parol boundary agreement made by him with Eugene Wallace, the father of plaintiffs. On the first trial the court excluded a cor-*192reeled commissioner’s deed, which was necessary to show title in plaintiffs, and directed the jury to return a verdict in favor of defendant. On appeal the exclusion of the deed was held to be error and the judgment…