Rio Grande E. P. R. Co. v. Kinkel

HARPER, C. J. Appellees instituted this suit February 26, 1908, in trespass to try title to parts of the Mundy Heights addition to the city of El Paso, Tex., claiming same by three, five, and ten years statute of limitation. Defendant Rio Grande & El Paso Railroad Company answered by plea of not guilty, and specially that title to said land was in the El Paso Canal Company. Plaintiffs recovered judgment, from which this appeal is taken. [1] Because the assignments of error as filed in the trial court do not make any reference to the motion for new trial, as required by rule 25 of this court (142 S. W. xii), they will not be considered by this court. Davidson v. Patton, 149 S. W. 757; Murphy v. Earl, 150 S. W. 486; Railway Co. v. Ledbetter, 153 S. W. 646; Railway Co. v. Gray, 154 S. W. 229. No fundamental error appearing, the judgment of the lower court is affirmed.