Knupp v. Miller

I respectfully dissent. The majority, in their zeal to maintain “[T]he purity and efficiency of the right of trial by jury,” simply misses the point.

Miller filed an action in trespass to try title and sought damages for the timber. He did not assert an action to reform his deed. His pleadings included a legal description of the property, to which he claimed both record title and title by adverse possession. At trial, Miller contended that his deed recited an incorrect beginning point. He claimed that the only way to reconcile all of the conveyances out of the common grantor was to move the…