Terry v. Cutler

RAINEY, Associate Justice.

This is an action of trespass to try title, brought by appellant against appellees, to recover the land in controversy.

The facts are, that in 1859, A. Rhine, the then owner of the land, deeded same to W. M. Allen, part of the purchase money not being paid. In 1860, Rhine brought suit in Collin County for the unpaid purchase money, and a judgment of foreclosure was awarded him. An order of sale was issued, directed to the sheriff of Grayson County, which was returned for want of time to sell after seizing the land and advertising the same for sale. An alias order of…