Payne v. Ellwood

The plaintiffs in error, Kate S. Payne and J. F. Sageser, brought separate suits against defendant in error, W. L. Ell-wood; the two cases were thereafter consolidated in the court below by agreement, and the case as repleaded was in the nature of trespass to try title; the action resolving itself into one of boundary, Kate S. Payne showing title to section 9, block D — 10, and J. S. Sageser to section 10, block D — 10, E. L. & R. R. Ry. Co. The defendant owns sections 58 and 59, block 1, R. M. Thompson surveys, which lie west of the two sections owned by plaintiff. The controversy is over a…