Payton v. Loustalott

This was an action of trespass to try title, brought in statutory form, by plaintiff in error against defendants in error, to recover the title and possession to four acres of land out of the Martin Dunman survey, in Galveston county, Tex.

It was also alleged that at the time that defendants in error first took possession of the land in controversy they did so as tenants of plaintiff in error’s predecessor in title, with an agreement to restore possession of said land upon demand; that plaintiff in .error, the owner of said land in fee simple, has been refused possession after proper demand.

Def…