Smith v. Berry

Opinion op the Court by

Judge McCandless

Eeversing.

This is an appeal from a judgment rendered in a suit of trespass to try title to realty. Appellees are the wife aiid daughter (heirs at law) of James Berry, colored, who died about fifteen years ago.

In September, 1870, James Berry purchased 25 acres of land from D. I). Early, who held a patent issued in 1849. The purchase was evidenced by a writing executed by the parties dated September 1, 1870, and which contained the essential elements of a title bond except as to the description, which reads: “A certain peace of land supposed to be 25 acres…