Atwell v. Watkins

NEILL, Associate Justice.

— The appellant, J. D. Atwell, plaintiff below, on the 26th of November, 1893, sued the appellee, J. B. Watkins, in the trespass to try title to recover possession of 120 acres of the J. H. Price survey, particularly described in his petition; and, the appellant having on September 2, 1893, instituted in the same court, against the same party, the samé kind of suit to recover 261 acres, a part of the Levi Pruett survey, described by metes and bounds, the pleadings being the same in both suits, they were, upon agreement of both parties, by an order of the ' court,…