Keller v. Kirby

FLY, Associate Justice.

Appellant sued appellee, a minor, and Charles J. Engelhart and Eleanor Engelhart, to establish his title to 100 acres of land off the John Atkinson survey in Gonzales County. TheEngelharts disclaimed any interest in the land and were dismissed from the suit. The cause was tried by jury and resulted in a verdict and judgment for appellee.

The facts are these: In 1894 James Kirby, the father of appellee, borrowed $1000 from appellant and to secure its payment gave a promissory note and a deed to appellant to the land in controversy. The money was not paid, and appellant…