Stewart v. Luhning Et Ux.

Mr. Judge Taylor

delivered the opinion of the Commission of Appeals, Section B.

This is a trespass to try title case. The facts leading to the litigation are these: Block eight of the Beatty Subdivision of the Wilson League comprises four lots of approximately ten acres each. The lot in the northwest corner is numbered one; the one in the northeast comer, two; the one in the southeast corner, three; and the one in the southwest corner is numbered four. Fred Luhning and wife, defendants in error here, purchased lot three in 1909 and three years, later fenced the lot and built their home upon it.…