Abernathy v. Stone

MARR, Judge, Section A.

This suit was instituted in the District Court of Falls County June 9, 1888, by the appellant against the appellee, to recover the title and possession of an undivided 866 acres in a large tract of land lying in Falls County, and patented to Henry Fanthorp by virtue of his headright certificate. The plaintiff claimed as a vendee of Fanthorp, and the defendant as his sole heir. The plaintiff set up the facts constituting his right at length, and prayed to recover the land, and that title be divested out of the defendant and be vested in the plaintiff.

The defendant filed…