Chestnut, Administrator v. Chism

TARLTON, Chief Justice.

The disposition of a former appeal in this case appears in 36 Southwestern Reporter, 758. By reference thereto it will be seen that the suit is by Chism against the representatives of John Preston to recover damages for breach of warranty to a strip of land containing twenty-three and two-tenths acres. To avoid repetition, we content ourselves with a reference to'the former report for a fuller statement of the character of the action, and of the issues involved.

On the trial, however, the case resulted differently in this instance, Chism recovering against the…