Ben Jarvis v. Robert J. Peltier, Sr. and Calvin C. Smith

OPINION

JAMES T. WORTHEN, Chief Justice.

Ben Jarvis appeals the summary judgment granted in favor of Robert J. Peltier, Sr. and Calvin C. Smith. In two issues, Jarvis contends the trial court improperly granted Peltier’s and Smith’s motions for summary judgment and denied Jarvis’s competing motion for summary judgment. We reverse, render in part, and remand in part.

Background

Jarvis and Smith were cotenants in a twelve acre tract in Smith County, with Jarvis owning an undivided two-thirds in terest and Smith owning an undivided one-third interest. Jarvis owned two acres in fee simple adjoining…