Trespass-to-Try-Title Action – Reversed and Rendered

Lackey v. Templeton
- 09-17-00183-CV, 2018 WL 3384570
- 1A District Court of Jasper County
- Justice McKeithen, July 12 2018
Templeton sough declaratory judgment for 100% ownership to the mineral estate of two tracts of land. Multiple parties involved.
Defendants filed an answer and special exceptions complaining that Templetons brought the wrong cause of action to obtain determination of tile; rather, Templetons should have pled the case as a trespass-to-try-title. Each side filed a motion for summary judgment.
The trial court granted partial summary judgment to Templetons.
By looking to the Declaratory Judgments Act, the Texas Property Code, and recent Supreme Court precedent, the Ninth Court held that a dispute involving a claim of superior title must be brought as a trespass-to-try-title action. Lance v. Robinson, 543 S.W.3d 723, 735-36 (Tex. 2018). The underlying nature of the suit is not altered by couching request relief as declaratory. Templetons were required to plead and prove a trespass-to-try-title claim. All trial court orders on summary judgments were reversed; plaintiffs take nothing.

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