Masten v. Masten

SPEER, Justice.

The only point involved in this appeal is a construction and application of Rule 169, Texas Rules of Civil Procedure.

Plaintiff Perry Masten sued his brother, Lewis Masten, to recover $1,000, with legal interest, and to establish and foreclose a lien on defendant’s undivided l/28th interest in certain described lands.

Plaintiff’s petition was filed on September 10, 1941, basing his cause of action upon an agreement made between plaintiff and defendant, whereby the latter would sell to the former his said interest in the land at the agreed price of $50 per acre, and further that…