Lewis v. Batten

STEPHENS, Associate Justice.

In the division of a quarter section of school land in Eastland County, between the parties to this litigation, a mistake was made which .resulted in giving appellant eleven acres of land more than he was entitled to. This suit was brought by appellee to correct this mistake, and resulted in a judgment in his favor. The" petition was defective in failing to allege that the mistake was mutual, but this defect was complained of for the first time in the motion for a new trial, and was therefore cured by the verdict, the petition alleging that the error in the…