Roberts and Wife v. Trout

FLY, Associate Justice.

— Appellee instituted this suit to try title to survey No. 529, containing 160 acres of land patented to TJ. S. Ramsey, assignee of J. N. Roberts. Mrs. E. N. Roberts, wife of J. N. Roberts, intervened, pleading not guilty, limitation, and that the land sued for was the homestead of appellants, and denying that she had joined her husband in the sale of the right they had acquired in the land. The land was sequestered by appellee. On the trial of the case the jury was instructed to return a verdict for appellee for the land, on the ground that the appellants failed to…