In Henslee v. Boyd, 48 Tex. Civ. App. 494, 107 S.W. 128 (Tex. Civ. App.--Dallas 1908, no writ), the plaintiff had sued for damages resulting from the obstruction of his easement through the back lot of the defendant's neighboring business (the easement allowed vehicles to access the plaintiff's back lot). 107 S.W. at 128.
Even though the plaintiff sought damages rather than an establishment of his right to the easement, the court held that because the plaintiff had to prove title in order to obtain any damages, the county court was without jurisdiction. See id. at 129.
The court stated, "The question as to whether plaintiff was the owner of an easement in, to, and over defendant's land formed the basis of his right to recover judgment, and the burden was on him to establish that fact before he could recover judgment." Id.