Smith v. Cheatham

This was an action of trespass to try title. There was judgment for the defendant, and the plaintiff appealed. The appellee moves to dismiss the appeal for the want of a sufficient appeal bond ; in that, 1st, The bond misdescribes the judgment, 2nd, It is insufficient in amount. The first objection to the bond is clearly well taken and must be sustained. The bond describes the judgment as having been rendered for the defendant, that he recover the land described in the plaintiff’s petition, &c.; whereas the record discloses a judgment simply for the defendant, “that the plaintiff take…