Wells v. Kansas University Endowment Ass'n

OPINION

TREVATHAN, Chief Justice.

Warren G. Wells, appellant, appeals from a take-nothing judgment in a trespass to try title action. In three points of error, Wells argues the trial court erred in awarding the title and possession of a tract of land to appellee, Bryan Maxey. Wells contends that the judgment is not supported by proper pleadings, that there is factually and legally insufficient evidence to support the judgment, and that Maxey was judicially estopped to maintain a claim in trespass to try title. We affirm.

1. Background

This suit as originally filed, in 1953, was an action in…