Mitchell v. Small

Appeal is from an instructed verdict in favor of the defendants in the lower court. Suit was brought by plaintiff in error, as plaintiff below, in trespass to try title to the minerals under 1,2S0 acres of land in Coleman county; against Mrs. Lillie Small for damages for alleged fraud and collusion between her and Frank Woodward; and for partition of such minerals as against Woodward. The trespass to try title count appears to have been abandoned, as well as the partition suit; and only the question of damages based upon the fraud alleged is presented here. The following facts appear:

J. P.…