Lindsey v. Ferguson

HICKMAN, Chief Justice.

For convenience the parties will be designated as in the court below, wherein plaintiff in error was plaintiff and defendants in error were defendants. On December 12, 1932, plaintiff instituted suit against W. H. West, W. D. Taylor, and Silas W. Ferguson; the nature of the suit being an action in trespass to try title. On February 13, 1933, West and Taylor filed disclaimers and Ferguson filed his answer and cross-action. On March 7, 1933, the appearance day of the March term of court, when the case was called the attorney for plaintiff asked leave to dismiss his suit,…