Bartee v. Carter

WALKER, Chief Justice. '

This was an action in trespass to try title by appellants, the heirs of Ferdinand Bartee and his wife, Elizabeth Bartee, deceased, against appellees, W. T. Carter & Bros., to recover 640 acres of land, and, in the alternative, 160 acres out of a specific tract of 1411 acres, a part of the Toliver survey in Polk county. Appellants pleaded generally trespass to try title, and specially the 10-year statute of limitation (Vernon’s Ann.Civ.St. art. 5510); they claimed a specific tract of 640 acres *380on allegations of equitable partition, and, in the alternative, an undivided…