Bitner v. New York & Texas Land Co.

Gaines, Associate Justice.

The appellee was plaintiff in the court below, suing in an action of trespass to try title for the recovery of a tract of land, patented to the International and Great Northern Railroad Company, by virtue of certificate No. 3552, issued to that company on May 24, 1875, by the commissioner of the general land office. Appellant set up claim to one hundred and sixty acres of the land sued for, by virtue of a preemption survey.

The first assignment of error which we shall consider is to the effect that the court erred in admitting in evidence, over defendant’s objection;…