Rains v. Wheeler

GAINES, Associate Justice.

This suit was brought by R. T. Wheeler, as executor of the will of George C. Rains, against appellant to determine the title of the estate represented by him to certain parcels of real estate in the city of Galveston. The issuable averments in the petition are, in brief, that the estate of plaintiff’s testator is the owner in fee of the property, and that the defendant, for the purpose of injuring the estate, and to prevent a sale of the lots, was setting up a pretended claim to them, and that such claim was a cloud upon the title. The prayer was that the cloud be…