Turner v. Land

DUNAGAN, Chief Justice.

This is a summary judgment case. Appellants on March 25, 1965, filed their original petition in statutory trespass to try title as to 340 acres of land in Houston County, Texas. Appellee, by his second amended original answer, disclaimed as to all of such premises except a certain 44 acre tract out of the James M. Love Survey in Houston County, Texas, which is the basis of this lawsuit and entered his plea of not guilty. Both parties filed motions for summary judgment in the trial court based, in essence, upon the judgment of the Supreme Court of Texas in the case of E.…