Smith v. Monroe

Appellants filed suit in the district court of Pecos county, Tex., against Henry C. Monroe, in the form of trespass to try title, describing some 21,175 acres of land in Pecos county.

Appellee Henry O. Monroe filed his plea in abatement alleging that his mother, Mrs. Mat tie A. Monroe, or Mrs. Smith, was wholly lacking in .mental capacity at the time of her-purported marriage to appellant W. A. Smith; that the property involved in the suit was the property of his mother, Mrs. Smith; and that W. A. Smith had no interest therein.

The property was sequestered by appellants and later replevied by…