Percy Lofton, Jr. v. Dyer (Tex.App.- Houston [1st Dist.] May 15, 2008)(Hanks) (real estate law, trespass to try title, adverse possession, right to trial by jury, motion for continuance)
Opinion by Justice Hanks Before Justices Nuchia, Hanks and Higley
01-07-00184-CV Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler, Delilah A. Lofton, and Horace Lofton v. Eddie DyerAppeal from 278th District Court of Grimes County Trial Court Judge: Hon. Kenneth Keeling
Disposition: Trial court judgment affirmed
J. Eddie Dyer brought this trespass to try title case against Percy Lofton, Jr., Conal Lofton, James Lofton, Lonnie E. Turner, Carol S. Lofton Fowler, Delilah A. Lofton, and Horace Lofton (collectively “the Loftons”). After a bench trial, the trial court awarded Dyer fee simple title to 87.41 acres in Grimes County under the 10-year adverse possession statute.
In three issues, the Loftons contend that the trial court erred in (1) denying the Loftons their right to a trial by jury, (2) refusing the Loftons sufficient time to retain legal counsel by denying their request to continue the case, and (3) failing to consider newly-discovered evidence in denying the Loftons’ motion for new trial.
The First Court of Appeals affirms.