Hunt v. Heaton

KEITH, Justice.

Plaintiff below appeals from an adverse judgment rendered in a bench trial of his trespass to try title action. Shortly after filing his answer, defendant made demand under Tex.R.Civ.P. 791 for an abstract of title. No extension of time was sought by the plaintiff within which to file the abstract, and he in fact did not file it until nearly five years after demand had been made upon him. As a result, the trial court sustained defendant’s objections to the introduction of the title documents because of failure to comply with Tex.R.Civ.P. 792 1 Since plaintiff failed to…