Martin v. Smith

SUTTON, Justice.

The suit in trespass to try title was brought by Nowery J. Smith against the appellant, John Martin, and numerous other defendants to recover six surveys of land situated in Terrell County. Martin filed a cross-action against Nowery J. Smith and 1C. T. Smith for specific performance of a contract of sale based upon the provisions of a lease contract between Martin and C. T. Smith, which contract was alleged to háve been made between Martin and Smith, acting through his agent A. E. Creigh, Jr.

Martin and another defendant were personally served with citation; some six or eight…