Walker v. Simons

TIREY, Justice.

This is a suit to recover 3.47 acres of land in McLennan County. On January 4, 1943, appellant purchased a tract of land in McLennan County, “being estimated as 62 acres more or less”; in November, 1945, he filed his original petition in trespass to try title to recover -the above tract; in June, 1947, he filed his second amended original petition which was in three counts, the first count being a suit in trespass to try title, and in the second he alleged substantially that it was the mutual intention of the parties at the time the trade was made to convey the 3.47 acre tract…