Dalton v. Davis

With an exception to be noted and a supplement to be made, the case is' properly and sufficiently stated in the opinions of the Court of Civil Appeals. 294

5. W. 1115. The exception is that Davis did not bring suit “in trespass to try title.” The supplement is that Mrs. Davis did not file a pleading of any kind and Mr. Davis did not file anything except his original petition, although Dalton by proper cross-action sued Davis and wife-in statutory trespass to try title.

The suit of Davis was to cancel the sheriff’s deed and remove the cloud thereof. Since ordinarily courts do not entertain…