White v. Eavenson

CILL, Chief Justice.

Albert T. and Marvin H. Eavenson brought this suit 'against J. E. White and A. P. Hutton to recover the Joshua Mayes 320-acre survey. Hutton disclaimed except as to an undivided one-eighth interest in the entire survey. White answered claiming 160 acres, the south half of the survey, by limitation of ten years, and disclaimed as to the remainder.

The court tried the case without a jury, and after hearing the evidence adjudged to Hutton an undivided one-eighth of the entire survey less his proportion thereof lost to White by limitation, and adjudged to White a specific forty…