Morgan v. Butler

JAMES, Chief Justice.

An action of trespass to try title to a tract of 1000 acres patented to James S. Butler. The plaintiffs, Maggie E. Butler and others, as heirs of James S. Butler, sued H. A. Morgan and others for the survey, and J. R. Fleury intervened, claiming title as against plaintiffs and defendants. The court charged that Fleury had no title, and plaintiffs recovered judgment. Defendants and the intervener appeal.

We shall consider first the assignments advanced by intervener. Substantially the facts are: The land was patented by virtue of a duplicate certificate issued in 1852 by…