Nye v. Haywood

SMITH, Chief Justice.

L. N. Nye, joined pro forma by her husband, brought this action in trespass to try title against Elroy Haywood and wife to recover title to and possession of a tract of land situated in Bexar County. Trial to the court resulted in judgment that plaintiffs Nye recover nothing of defendants Haywood. The Nyes have appealed. They will be referred to herein as plaintiffs and the Haywoods as defendants, as in the trial court.

In their first point plaintiffs complain of the refusal of the trial court to grant them a new trial on the ground of newly discovered evidence.…