Ballard v. Carmichael

OPINION ON REHEARING.

GAINES, Associate Justice.

This was an action of trespass to •try title, brought by the appellees against the appellants, W. C. Ballard and John Labriere, for the recovery of a tract of 1476 acres of land, patented to the heirs of John F. Morgan. The trial was had before the court without a jury, and resulted in a judgment for plaintiffs for an undivided interest of seven-twelfths in the land, and for the defendant Labriere for an undivided interest of five-twelfths. All parties complain of the judgment.

We will first dispose of appellants’ assignment of errors.

The original…