Brotherton v. Weathersby

Gaines, Associate Justice.—

This suit was originally brought by W. W. Brotherton, ancestor of the present appellants, to recover of the present appellee and others the land in controversy. The case was before this court upon a former appeal and was reversed upon a question of evidence. Simpson v. Brotherton, 62 Texas, 170. The original plaintiff having died, the appellants now before the court made themselves parties plaintiffs, claiming as his heirs, and dismissed their suit as to all the defendants except the appellee Weathersby. The appellee claimed the land under John Brotherton, a brother…