McDaniel v. Cherry

CHADICK, Chief Justice.

This is an action for declaratory judgment and alternatively in trespass to try title and for damages. The trial court instructed a verdict. Judgment that plaintiffs take nothing is affirmed.

The suit was filed by heirs of Mahaly Mann Nero, deceased, and such parties’ vendees, as co-plaintiffs. These plaintiffs sought to establish title to an undivided interest in a 38 acre tract of land in the John Tomlinson Survey of Rusk County. They plead that the 38 acre tract was a part of a 46 acre tract acquired by Granville Nero and his first wife, Mahaly Nero, by a parol sale,…