Messner v. Giddings

Stayton, Associate Justice.

This action was brought by J. D. Messner, Ella M. Messner, and Willis S. Messner, to recover from the appellees the land described in the petition. The plaintiffs’ title rests upon the following admitted facts:

“1. On, and prior to, April 7,1862, the land in c.ontroversy in this suit, with the improvements then on the same, was the property of D. Messner and Marietta Messner, his wife, and the same was their community property.

2. On April 2, 1862, D. Messner died intestate, and his estate was insolvent.

3. Messner and his wife had three children, who are the…