Compton v. Rahl

BAUGH, Justice.

Appeal is from order of the district court of Mills county overruling appellant’s plea of privilege, duly controverted, to be sued in the district court of McLennan county, the county of his residence.

The pleadings and the agreed statement of facts show the following: Some time in 1930 F. M. Compton conveyed to W. W. Rahl by warranty deed a tract of land in Mills county, described by metes and bounds, and warranted to contain 150 acres. In 1934 Rahl had the land surveyed and discovered a shortage in acreage; that 16.2 acres of said described lands were under fence of and in…