holding that Hunt’s failure to timely file his abstract showing chain of title was fatal to the trespass-to-try-title action he pled whether or not the case turned factually on the question of boundary
How later courts described this case
- holding that Hunt’s failure to timely file his abstract showing chain of title was fatal to the trespass-to-try-title action he pled whether or not the case turned factually on the question of boundary
- stating that “the correct judgment” to render when plaintiff’s claim failed on the merits was “that he take nothing”
- stating that “the correct judgment” to render when plaintiff’s claim failed on its merits was “that he take nothing”
- stating trial court should enter “take nothing” judgment if plaintiff in trespass to try title suit fails to establish superior title
Written by the judges who cited it.
The opinion
*680 SONDOCK, Justice,
concurring.
I concur in the result because of the present wording of Tex.R.Civ.Pro. Rule 792. This case magnifies the need to streamline the unnecessary formalities of trespass to try title actions. Fictitious proceedings in the action of ejectment were abolished in this state in 1840. Tex.Rev.Civ.Stat.Ann. (Art. 7364). Trespass to try title has remained a sacred cow that should not be permitted to continue to feed on unnecessary technicalities.