Howard v. Masterson

GAINES, Associate Justice.

—The appellant brought this suit against appellee in the ordinary form of an action of trespass to try title, alleging that he was the owner of an undivided one-third interest in the land in •controversy, and that the heirs of John Clark, deceased (who were neither named nor made parties to the suit), were the owners of the other undivided two-thirds. Hpon the trial the plaintiff sought to prove his case by showing that both he and defendant claimed title under Clarence W. McGreal as a common source, and that as between the two his was the ■superior title. He did not…