W. T. Carter & Brother v. Ruth

ANDERSON, Justice.

The action, which is in form of trespass to try title, was instituted by the appellant, W. T. Carter & Brother, a partnership. The plaintiff’s petition, as it appears in the transcript, would place in issue the title and right of possession to 589 acres of land in Angelina County, Texas, the same apparently being all of Survey 9, Block 3, Texas & New Orleans Railroad Company Surveys made under Land Script No. 498, issued June 23, 1860. However, the parties and the trial court appear to have considered the petition amended in this respect and the land in controversy…