120 S.W. 1103 | Tex. App. | 1909
This suit was brought as an ordinary action of trespass to try title by the appellee against appellant, to recover *553 a certain tract of land in the town of Quanah, known as lot No. 1 in block 109, and for damages for injury to his residence by reason of the construction of tracks, depot, cotton platform, etc., on said lot No. 1 and on certain other lands adjacent to said lot. The defendant pleaded the general denial, not guilty, and disclaimed as to the land sued for except a strip of land fifty-six feet wide which it declared to be a part of McClelland Avenue, upon which it pleaded a right to construct its improvements. There was a verdict and judgment for four hundred dollars in favor of plaintiff and the defendant has appealed.
We are not authorized to pass upon the questions presented by appellant's various assignments other than the one questioning the sufficiency of the judgment entered in the case. The jury impaneled to try the case returned the following verdict: "We, the jury, find for the plaintiff and assess the damages at four hundred dollars." Upon this verdict a judgment in the plaintiff's favor was entered, but in such judgment no disposition whatever was made of the issue as to the title to the fifty-six feet of land involved. This we hold is not a final judgment. Williams v. Bell,
There being no final judgment, then, the appeal is ordered to be dismissed.
Appeal dismissed.