Grimes v. Smith

Walker, Associate Justice.

Appellee, as plaintiff in the court below, brought suit on October 8, 1884, in the ordinary form of trespass to try title, against B. R. Grimes, John Moore, D. E. E. Braman and Y. J. Poole, to recover possession of an undivided half of one-third of a league in ¡Matagorda county, patented to Rufus R. Smith, assignee of .John H. Updike, on February 23, 1875; and on December 11, ¡1885, filed amended original petition describing the land more ¡accurately, but making no other change in the suit. Appel*219lants, defendants below, presented the following issues by their…