Whatley v. Patten

GARRETT, Chief Justice.

George M. Patten, as plaintiff, brought this suit June 25, 1892, as an action of trespass to try title against L. A. Whatley to recover of him one acre of land situated in the town of Huntsville, which was described by metes and bounds and by reference to certain deeds of record. Whatley answered and pleaded in abatement under oath to the jurisdiction of the court, that he had no personal interest in the suit; that he was in possession of the land in controversy for the State of Texas, as superintendent of State penitentiaries; that the real question was whether the…