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BRUMLEY v. McDUFF

No. 19-0365.

616 S.W.3d 826 (2021)

Andy BRUMLEY and Sheri Brumley, Petitioners, v. Richard Howard MCDUFF and Sara Sullivan McDuff, Individually and as Co-Trustees of the McDuff Trust, the Erin Elizabeth McDuff Trust, and the Mackie Ann McDuff Trust; Erin Elizabeth McDuff, Individually and as Co-Trustee of the Erin Elizabeth McDuff Trust; and Mackie Ann McDuff, Individually and as Co-Trustee of the Mackie Ann McDuff Trust, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: February 5, 2021.

Attorney(s) appearing for the Case

John H. Barr II , Jerry D. Bullard , Grapevine, Charles H. Jeffrey , Scott A. Cummings , Fort Worth, for Respondents.

Christopher Brent Lehman , Vernon, Don Ross Malone , Houston, for Petitioners.

In this property dispute between neighboring landowners, the plaintiffs pleaded the elements of adverse possession and received a favorable jury verdict and judgment. The court of appeals reversed, holding that the pleadings do not support the judgment because the plaintiffs denominated their claim...

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