Cope v. Blount

PLEASANTS, Associate Justice.

This is an action of trespass to try title brought by the appellant against the appellee. The land in controversy is a part of a league in Liberty County originally granted to Philip Miller. Appellant claims the land as the sole heir of Lucinda Miller, wife of Philip Miller. Appellee claims under a deed executed by James ICnight and Lucinda Miller as “legal representatives of P. Miller, deceased,” to William D. Smith. This deed has a general covenant of warranty, and contains the following recitals:

“Whereas, by a decree of the Honorable Probate Court of the…