City Carrollton v. R. A. Duncan and Oscar H. Duncan

This is an appeal by the City of Carrollton, Texas ("City") from a judgment establishing the boundary of lands owned by R. A. Duncan and Oscar H. Duncan ("Duncans") adjoining Citys land being used as a golf course. The litigation was begun as a suit in trespass to try title and for damages but was finally litigated as a dispute as to the actual location on the ground of the boundary of the Duncan tract according to its description in an 1880 deed. The judgment decreed the boundary to be as claimed by the Duncans, and awarded attorneys fees to the Duncans. The issues of rental value and tree damage had, by agreement, been ordered tried in a separate trial, but after the trial court signed its interlocutory judgment in favor of the Duncans, the parties stipulated that damages amounted to $16,000.00. Accordingly, the judgment included the award of damages in that amount.