Smith v. Allbright

This is the second appeal of this cause. Our opinion on the first appeal is reported in 261 S.W. 461. We will not take space to again state the nature of the suit, except that it is one in trespass to try title, brought by appellee Allbright against appellants Annie E. Smith et al. W. L. Futch and wife were made defendants by Allbright, but they joined him in the prosecution of his suit, and are here as appellees.

On the former appeal we reversed and remanded the case because the trial court held that the recitals of fact in a trustee's deed, under which appellees claim title, made a prima…