Carnes v. Carnes

HUNTER, Associate Justice.

This was an action of trespass to try title brought by 0. W. Carnes against A. J. Carnes in the District Court of Comanche County, on September 37, 1900, to recover title and possession of 148 acres of land lying in said county, wherein the plaintiff set forth both his title and that under which the defendant claimed substantially as follows:

That in the year 1871 J. K. Simmons settled upon the land and preempted it for a homestead, making the affidavit required by law, and causing the same to be surveyed and field notes duly returned to the General Land Office; that…