Malcolm Dillon, Virginia Cutter, R.K. Dillon and J.W. Achen v. Delmon Hodges and Connell Ashley

RANDALL, Circuit Judge:

Malcolm Dillon, Virginia Cutter, R.K. Dillon, and J.W. Achen (hereinafter “plaintiffs” or “appellants”) appeal the district court’s entry of a take nothing judgment in their trespass to try title action against Delmon Hodges and Connell Ashley (hereinafter “defendants” or “appellees”). Because we agree with the district court that the appellants and the appellees own the property as tenants in common, we affirm.

I

This action was tried to the district court on stipulated facts. The parties stipulated, and the district court found, that on January 9, 1909, the Texas…