Barcus v. Brigham

STAYTON, Chief Justice.

— This is an action of trespass to try title, instituted by appellee to recover land patented to James K. Brown, through whom both parties deraign title. Brown conveyed the land to the ancestor of appellee, by deed dated May 22,1847, which was recorded in Milam County on August 16, 1847, at which time the land was in that county. The land subsequently was placed in Mc-Lennan County, and at sometime in 1876 the records of deeds in Milam County were destroyed by fire, but the original deed continuing in existence was recorded in McLennan County on June 18, 1888.

Appellant…