Hayes v. Gallaher

WILLIAMS, Associate Justice.

Appellees brought this action of trespass to try title to recover of Walter I. Hayes and Milo Smith 640 acres of land situated on San Jacinto River, in Harris County, patented to Daniel D. Culp, assignee, June 6, 1844.

The defendants pleaded general denial, not guilty, and specially, setting up title in themselves under a purchase of the land sued for at an execution sale thereof by the United States marshal under judgment against J. B. Gallaher, the ancestor through inheritance from whom plaintiffs asserted title.

The plaintiffs adduced title aa follows: (1) Patent…