Stanley v. Schwalby

STAYTON, Chief Justice.

This is an action of trespass to try title, brought by Mrs. Schwalby against David S. Stanley and three other persons; and she alleged, that she was the owner of an undivided one-third of the lot, that defendants entered without title, and there was prayer for possession of the entire lot.

Joseph Spence intervened in the case, and asserted title to one-third of the lot through a conveyance made to him by one of the three heirs of Duncan B. McMillan, deceased, who was also the father of Mrs. Schwalby.

Defendant Stanley, for himself and the others, answered, asserting that…