Cook v. Smith
Texas Supreme Court
Error to the Court of Civil Appeals, Seventh District, in an appeal from Cottle County. Smith’ sued Cook for the recovery of land, and the latter vouched in his warrantor, ISTeif. Judgment for defendant was reversed and rendered in favor of Smith on his Appeal and the appellees obtained writ ■of error.
1Opinion of the CourtJustice Phillips
The suit was instituted by the defendant in error, J. M. Smith, against H. P. Cook, one of the plaintiffs in error, in trespass to try title, for the recovery of a lot in the town of Paducah. Cook answered with a plea of not guilty; that he was a bona fide purchaser of the lot, for value, without notice of any adverse claim; and improvements in good faith, vouching in A. A. Neff, the other plaintiff in error, his grantor, upon his warranty, and seeking recovery over against Neff on account of his improvements. Neff answered by a plea of not guilty, and that he was an innocent purchaser of the…
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