Beaty v. Clymer

RAINEY, Chief Justice.

—Action of trespass to try title brought by appellants against appellee. Defendants plead the general issue and statutes of limitations of five and ten years.

Conclusions of Fact.—1. The land in controversy was the separate property of Elias Atkinson, who died in 1859, leaving a widow, Christiana Atkinson, and Haney Beaty and Mary Anderson, two daughters, as his only heirs at law. Christiana Atkinson, the widow, married Josiah McAdams in 1861, and died in Hovember, 1900.

2. Elias Atkinson, who died in 1859, at the time of his death, was the owner, in common with two…