Thomas v. Farris

ALEXANDER, Justice.

This suit was brought in trespass to try title to recover a tract of land in Madison county. The trial court sustained a general demurrer to plaintiffs’ petition and entered judgment that “the defendant go hence without day.” The plaintiffs appealed.

The suit was brought by Mrs. Ethel Thomas, as guardian of the estates of her three minor children by her deceased husband, E. H. Wheaton. The petition contained all of the essential elements of an action in trespass to try title as required by our statute (Vernon’s Annotated Civil Statutes, art. 7366), and, in addition, went…