In State v. Lain, 162 Tex. 549, 349 S.W.2d 579 (Tex. 1961), the plaintiffs brought a trespass-to-try-title suit against the State of Texas and various state officials and employees (collectively "the officials"), complaining that the defendants constructed a ferry landing and dredged a channel over the plaintiffs' submerged land and seeking to enjoin the defendants' operation of ferries over this land. 349 S.W.2d at 580. The property was undisputedly owned by the plaintiffs, but the defendants claimed the plaintiffs' title was subject to certain public rights. Id. at 581. The trial court dismissed the claims against the State pursuant to its plea to the jurisdiction and denied the pleas to the jurisdiction filed by the officials. Id. at 580. Subsequently, the trial court rendered summary judgment on the merits in favor of the plaintiffs, awarding them title and possession and enjoining operation of the ferries. Id. On appeal, the officials contended, among other grounds, that the claims against them constituted claims against the State; thus, they were entitled to sovereign immunity because there was no legislative consent to sue. Id. The Supreme Court of Texas held that legislative consent was not prerequisite to maintaining suit against the officials: When suit for recovery of title to and possession of land, filed without legislative consent, is not against the state itself, but is against individuals only, the mere assertion by pleading that the defendants claim title or right of possession as officials of the state and on behalf of the state, will not bar prosecution of the suit. . . . One who takes possession of another's land without legal right is no less a trespasser because he is a state official or employee, and the owner should not be required to obtain legislative consent to institute suit to oust him simply because he asserts a good faith but overzealous claim that title or right of possession is in the state and that he is acting for and on behalf of the state. (Id. at 581.) The court cited "well-reasoned and authoritative" decisions of the United States Supreme Court supporting the conclusion that a plea of sovereign immunity by governmental officials will not be sustained in a suit by the owner of land with right of possession when the governmental entity has neither title nor right of possession. Id. at 581-82. The Lain court further explained the rationale for this rule: possession is not held for the sovereign but is "wrongfully held." Id. at 582. The Lain court then outlined the procedures applicable in such a suit based on the above-cited rationale: When in this state the sovereign is made a party defendant to a suit for land, without legislative consent, its plea to the jurisdiction of the court based on sovereign immunity should be sustained in limine. But . . . when officials of the state are the only defendants, or the only remaining defendants, and they file a plea to the jurisdiction based on sovereign immunity, it is the duty of the court to hear evidence on the issue of title and right of possession and to delay action on the plea until the evidence is in. If the plaintiff fails to establish his title and right of possession, a take nothing judgment should be entered against him as in other trespass to try title cases. If the evidence establishes superior title and right of possession in the sovereign, the officials are rightfully in possession of the sovereign's land as agents of the sovereign and their plea to the jurisdiction based on sovereign immunity should be sustained. If, on the other hand, the evidence establishes superior title and right of possession in the plaintiff, possession by officials of the sovereign is wrongful and the plaintiff is entitled to relief. In that event the plea to the jurisdiction based on sovereign immunity should be overruled and appropriate relief should be awarded against those in possession. That those wrongfully claiming title or the right of possession are sued in their official capacities as well as individually cannot alter the rule. Id. Applying these procedures, the court addressed the merits of the plaintiffs' claim, held that their title was not subject to public rights, and affirmed summary judgment in their favor. Id. at 582-86.