Kelly v. Wilson

WILLSON,' C. J.

(after stating the facts as above). Construing the partition deed of September, 1888, referred to in the statement above, the Galveston Court of Civil Appeals held, when the cause was before it, that the effect of the instrument was to pass the title to the land in controversy to Mrs. Kate Kelly, and that plaintiff in error, owning her title, was entitled to recover all of that land, “except (quoting) such portion or portions thereof as defendants (defendants in error here) may show title to under their plea of limitation.” Plaintiff in error insists that said holding ■ of said…