William A. Lott v. M. T. Lott

This is a trespass to try title suit filed in the name of William A. Lott by three of his children, as next friends, against M. T. Lott and his wife to recover title to and possession of a 479 acre tract of land in Kerr County. M. T. Lott is a son of William A. Lott. The petition recognizes that record title to the land is in M. T. Lott, but it is alleged that it is held by him "under an express or constructive trust for the use and benefit" of the plaintiff. The defendants answered the suit by plea of not guilty, and thereafter filed a motion for summary judgment. The trial court granted the motion and rendered judgment that plaintiff take nothing. The Court of Civil Appeals has affirmed. 362 S.W.2d 410.