Dwyer v. Rippetoe

Henry, Associate Justice.

Thomas Dwyer instituted this suit in the year 1873 against A. H. Rippetoe and Julius Tomashefsky to recover a portion of lot 43 in the city of Brenham. The case was before this court on appeal by defendants, and was reversed and remanded in the year 1886.

In 1887 plaintiff filed an amended petition in the form of an action of *526trespass to try title, making I. M. Onins, D. C. Giddings, and J. D. Giddings defendants, charging that on the 23d day of February, 1871, while plaintiff was in quiet possession of said premises, the original defendants, “acting for themselves and…