Republic Production Co. v. Collins

RUSSELL, Special C. J.

This is the second appeal of this case. The opinion on the first appeal is to be found in 7 S.W.(2d) 187. There are three counts in the petition. The second and third were not. submitted to the jury, and no request for such submission was made. They are therefore waived. Ormsby v. Ratcliffe, 117 Tex. 242, 1 S.W. (2d) 1084. Omitting formal parts and allegations as to damages, etc., the count which was submitted is as follows: “Plaintiff alleges that he owned the surface right and freehold estate on a certain tract of land in Stephens County, Temas, commonly known as the…