Whitten v. Dethloff

SPEER, Justice.

Plaintiffs, J. H. Whitten and T. D. Lester, filed this suit on February 2, 1944, in short form of trespass to try title against Lou'ella Dethloff (the widow of Charlie Dethloff, deceased) and her six children to recover about 89 acres of land in Wise County, Texas. The land was erroneously described in the original petition but by amendment filed November 12, 1947, and refiled January 12, 1948, a proper description was given. The record discloses that all of the six named children were of full age. Plaintiffs alleged entry by defendants and ejection of plaintiffs on January 1,…