Fort Worth & New Orleans Railway Co. v. Sweatt

BOOKHOUT, Associate Justice.

This suit was instituted by the • appellee, as plaintiff, against appellant in the ordinary form of an action of trespass to try title.

We take- the following statement from the brief of the appellee: “The action brought by plaintiff was and is in the ordinary form of an action of trespass to try title, the petition being filed April 2d (not April 22d), 1896. The land sought to be recovered is described as a part of the Alfred Polk survey, situated in Ellis County, and in or near the corporation line of the city of Waxahachie, Texas,—is described by metes and bounds…