Burk v. Turner

GAINES, Associate Justice.

This was an action of trespass to try title, brought by appellee, to recover of appellant as tenant in common with him an undivided one-half interest in two tracts of land patented to one James H. Ashby by virtue of a certificate issued to the patentee for one-third of a league of land. The petition alleged that both parties claimed title to the interest in controversy under one E. R. Lane as a common source. The conveyance by Lane was of the certificate by virtue of which the patent issued, and was made to the plaintiff and to George J. Turner, his brother. The…