Gilbert v. Smith

HARYÉY, P. J.

This is a suit brought by Pick Smith against Joe Gilbert and wife, Inez Gilbert, to recover a certain undivided interest in the mineral estate in 350 acres of land in Van Zandt county. In the alternative, the plaintiff, Pick Smith, seeks reformation of a deed as hereinafter shown. The relief sought in other respects is not material to a decision of the questions raised in this appeal. The trial court sustained certain exceptions to the plaintiff’s petition, which, in effect, are general exceptions to vital portions of the petition, and, from the judgment sustaining said…