Johnson v. Messer

NORTHCUTT, Justice.

A prior trial of this case involved a trespass to try title suit and the construction of the will of Pearl Johnson filed by John E. Johnson to determine the title and ownership of ½ section of land in Ochiltree County. The judgment in that case construed only the character of the ownership Pearl Johnson acquired as grantee in a deed and only those parts of the will were construed by the trial court, Court of Civil Appeals and Supreme Court. 422 S.W.2d 908.

The original deed to Pearl Johnson, as grantee, was executed by H. T. Smith, individually and as community administrator…