Smoot v. Chambers

McDONALD, Chief Justice.

Plaintiffs brought this suit to recover two parcels of land, one lying in Wichita and Archer Counties, the other in Oldham County. Plaintiffs’ first amended original petition, upon which .they went to trial, contains two counts, the first setting out the usual trespass to try title allegations, the second specially pleading the title of each party from the common source.

Trial before the court without a jury resulted in a judgment for plaintiffs, from which defendants appealed. The parties will be designated as they were in the trial court.

It appears from the record…