Kennedy v. Ellisor

MONTEITH, Chief Justice.

This is an appeal in a trespass to try title suit brought by appellees, J. W. Ellisor and wife, to recover from appellants, C. W. Kennedy and A. B. Spence, 79.9 acres of land out of the Josiah Herod Survey in Houston County, Texas, and to remove an alleged cloud on appellees’ title to said land.

Appellants answered by a general denial and a plea of not guilty. By cross-action they alleged that in 1927 appellees had agreed to sell them one half of the minerals in and under said land but that in the preparation of the deed conveying said interests to them, the word…