# Hunt v. Heaton

> Texas Supreme Court · November 24, 1982 · 26 Tex. Sup. Ct. J. 107

URL: https://www.frixlaw.com/law-library/cases/9662721

## Case

- **Full name:** Harold L. HUNT, Petitioner, v. Dan HEATON, Respondent
- **Court:** Texas Supreme Court
- **Decided:** November 24, 1982
- **Citations:** 26 Tex. Sup. Ct. J. 107; 643 S.W.2d 677; 1982 Tex. LEXIS 390
- **Precedential status:** Published
- **Opinion:** Concurrence by Sondock
- **Judges:** Campbell, Sondock, Barrow, Spears
- **Cited by:** 48 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9662721

## How later opinions describe it (automated extraction)

- 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
- holding boundary disputes may be tried by the statutory trespass to try title action

## Opinion text

*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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9662721. Public record. Not legal advice.