Ballard v. Ellerd

This is a suit instituted by appellant against R. M. Ellerd, W. B. Lewis, A. W. Strange, and the South Texas Oil Company, a private corporation, seeking to recover five acres of land. A general demurrer was sustained to the petition, and the cause dismissed.

The parts of the petition necessary to a consideration of its sufficiency as against a general demurrer are as follows:

“That plaintiff is the owner in fee simple of the following described land and premises situated in the state of Texas, county of Wilson, and described as follows, to wit: Five acres of land out of the S. & J. Arocha grant…