Natalia v. Witthaus

Mr. Presiding Judge Smedley

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

This suit is a formal action of trespass to try title, brought by defendants in error against plaintiffs in error for the recovery of two tracts of land in Brazoria County. Plaintiffs in error claim and possess the land1 through a sale made by a trustee under power of sale given in a deed of trust to secure the payment of a note held by The Federal Land Bank of Houston. Decision of the first and most important question presented in the case requires either the approval or the disapproval of the holding…