Isbell v. Isbell

STEAKLEY, Justice.

This is an action in trespass to try title. The trial court withdrew the case from the jury and rendered judgment that the plaintiff below, Mary Isbell, a widow, take nothing. The Court of Civil Appeals affirmed, 387 S.W.2d 456, and Mary Isbell is Petitioner here. The defendant below, and Respondent here, is Annie Isbell, also a widow.

Mary sought to recover an undivided one-sixth interest in two tracts of land. The common sources of title were stipulated. Mary introduced four subsequent deeds in evidence, and rested. Annie offered no evidence but moved for judgment, which…