Burns v. Burns

DAVIS, Justice.

A trespass to try title suit. The parties will be referred to as they were in the trial court.

Plaintiffs, (all of the children of J. L. Burns, deceased, and Willie L. Burns,) sued the defendant, J. A. Burns, for title and possession of a 70 acre tract of land situated in the G. W. Tubbs HRS in Bowie County, Texas. Defendant filed a plea of not guilty and alleged by an affirmative defense that he was the sole owner of the tract of land by virtue of an oral contract entered into with Willie L. Burns, surviving widow of J. L. Burns, and the defendant. That defendant would assume…