Fry v. Harkey

NORVELL, Justice.

This is a suit to remove cloud from, title of approximately 303 acres of land in Zava-la County, Texas, owned by appellant, plaintiff below; the purported cloud being evidenced by a letter addressed to appellee, Federal Land Bank of Houston, purporting to grant an easement for irrigation purposes in favor of a certain 215-acre tract belonging to appellee, H. L. Harkey.

Trial was to a jury, but at the conclusion of the testimony both sides moved for an instructed verdict and agreed “that the court should withdraw the case *664from the jury and determine all issues in .the case.”…