Wiggins v. Wiggins

KEY,

Associate Justice.-—This is an action of trespass to try title. The defendants pleaded not guilty, and that the property in controversy was their homestead.

After hearing the testimony ruled to be admissible, the court instructed the jury to return a verdict for the plaintiffs for the land sued for, “and for such sum as rent as you find from the evidence is due.” Verdict and judgment were -rendered for the plaintiffs for the land in controversy and $126 as rent, which sum appellees have remitted in this court. The defendants have appealed.

The case was tried on the following testimony:

“1.…