Barton v. Kuehne Et Ux‪.‬

HALE, Justice. Appellant sued appellees in trespass to try title for the recovery of a certain lot situated in Marlin, Texas. The lot was described by metes and bounds in the petition of appellant as being 166 feet in depth and 57 1/2 feet in width fronting south on Coleman Street. Appellees answered with a disclaimer to the land sued for by appellant and described in her petition, ""save and except any portion thereof which may be West of a point 57 1/2 feet East of a point 315 feet West of the intersection of the West line of Gresham Street with the North line of Coleman Street in the City of Marlin"" and subject to such disclaimer they answered further with a general denial and a plea of not guilty. The case was tried before a jury on the issues, if any, thus joined by the pleadings. Upon the conclusion of the evidence appellant seasonably moved the court to instruct the jury ""to return a verdict in her favor establishing the true boundary line between her and defendant as beginning at the point marked B on plaintiff's Exhibit 15, and extending North 166 feet from such point"", for reasons set forth in her motion. The court overruled appellant's motion for a peremptory instruction and submitted the case to the jury on certain special issues. The jury answered each of the submitted issues against the contentions of appellant and thereupon the court rendered judgment in favor of appellant for the property as described by metes and bounds in her petition, save and except any portion thereof as designated in appellees' plea of disclaimer and decreeing that appellant take nothing by her suit as to any portion of the lot sued for which may lie within such designated exception.