White v. Shepperd

Hemphill, Ch. J.

This cause has been twice before the Court. (10 Tex. R. 72 ; 11 Id. 346.) The facts, pleadings, and proceedings in the case, were stated with sufficient fulness in the Report, Yol. 11th, p. 347, and need not be here recited.

The suit was for the recovery of a tract of land in possession of defendants, and this was claimed by plaintiffs in their original petition, filed 1st August, 1849, under a deed of conveyance from Joseph Bindley to W. W. Shepperd, Jr., deceased, the father of the wards of the plaintiff, White, and the husband of Phebe, the co-plaintiff. The main question in…