W. T. Carter & Brother v. Wells

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

Judgment was rendered in this case by the trial court denying recovery to defendants in error, Mrs. Ellen Wells and others, heirs of John Jones, — one of which was an heir also of Mrs. Levina Bailey — upon their action in trespass to try title to 160 acres of land in Polk County. The Court of Civil Appeals reversed and remanded the case. 78 S. W. (2d) 678. Upon application of W. T. Carter & Bro. writ of error was granted upon the importance of the question. Defendants in error will be referred to as claimants.

' The…