Short v. Hepburn

BROWN, Associate Justice.

The Court of Civil Appeals for the Fifth Supreme Judicial District has certified to this court the following statement and questions:

“In the above entitled cause the following issues of law arise, which this court deems it- advisable to present to the Supreme Court of the State of Texas for adjudication, to-wit:

Question 1. In an action of trespass to try title, where the defendant by cross bill seeks affirmative relief, the allegations of the cross bill being in the ordinary form of an action of trespass to try title, fully describing the land, can the plaintiff take…