Sutton v. Lewis

McDONALD, Chief Justice.

Appellants were plaintiffs and appellee was defendant in the court below. Certain special exceptions directed at plaintiffs’ petition were sustained by the trial court. Plaintiffs declined to amend, and the suit was dismissed. Plaintiffs appeal.

Plaintiffs’ petition contains two counts. The first is in the usual form of trespass to try title. In the second count plaintiffs specially, plead, their title to the land in question. The land constituted the homestead of plaintiffs’ deceased mother. It was .her separate property, she having acquired it after the death of…