Foust v. Jones

FUNDERBURK, Justice.

The petition of plaintiff below, C. G. Foust, alleged in the first count a cause of action in trespass to try title; the defendants being M. J. Jones and others not necessary specifically to mention. A second count, alternative to the asserted right of plaintiff to recover as fee-simple owner of the entire interest in the. land, alleged that he was the owner of 82/100 interest therein, and that the defendants owned jointly an undivided 18/100 interest, and sought partition thereof. The adult defendants filed no answer and made no appearance. Certain of the defendants were…