Dooley v. Montgomery

Henry, Associate Justice.

This is an action of trespass to try title. The defendant pleaded not guilty. The case was tried by the court without a jury and judgment was rendered in favor of plaintiffs for the land. The defendant appealed.

The record shows a regular chain of title down to Amelia Harrell, she being at the time of the conveyance to her the wife of Josiah T. Harrell. The deed to her was made in 1845, and recited receipt of consideration of 8500.

There was no recital in the deed or fact in evidence giving to the deed to the wife other than its operation of conveying the title to the…