Allison v. Pitkins

RAINEY, Associate Justice.

The land in controversy in this suit was patented to W. S. Todd, assignee, in 1857, and said Todd deeded the land to Horace W. and G. W. Pitkins in 1859, through whom the appellees claim. The patent recited that the land was situated in Fannin County, when, as a matter of fact, it was situated in Hunt County, Texas. In 1888, W. S. Todd and wife, Eliza, being dead, Geo. T. and Chas. S. Todd, as heirs of W. S. Todd and wife, by warranty deed sold the land to W. C. Nail, which deed recited a cash consideration of $5000, but in fact said Geo. T. and Chas. S. Todd only…