Mercer v. Rubey

SPEER, Justice.

D. E. Mercer and wife, Maude Mercer, instituted this suit in the district court of Wise county against A. C. Rubey, Jr., who in turn filed a general demurrer, several exceptions, and special answers. The court sustained the general demurrer and special exceptions, and the Mercers have appealed.

Appellants filed a statutory suit in trespass to try title to a certain 80 acres of land in Wise county, against the appellee, and in their petition, in addition to their allegations in trespass to try title, pleaded a cloud was cast upon their title by virtue of a judgment in favor of…