Fischer v. Giddings

PLEASANTS, Associate Justice.

This is an- action of trespass to try title. The suit was originally brought by D. C. Giddings, Sr., against appellant to recover the D. C. Giddings survey of 524 acres of land in Hardin County. After the institution of the suit D. C. Giddings, Sr., died and his son, D. C. Giddings, Jr., who is independent executor and trustee under his father’s will, with leave of the court made himself a party plaintiff and prosecuted the suit to judgment.

The defendant disclaimed as to all of the land except 160 acres described in his answer by metes and bounds, as to which he…