Carpenter v. Probst

POPE, Justice.

Appellant D. C. Carpenter commenced this trespass to try title suit against ap-pellee, O. G. Probst, seeking to prove title to a one-seventh interest in ISO acres of land. After the plaintiff and defendant had offered all their evidence, the trial court instructed a verdict in favor of Pro'bst who claimed under a sheriff’s deed to him on March 2, 1948. Whether two executions had been properly and timely issued so as to keep alive an eighteen year old judgment is the essential law point in the case.

On February 12, 1930, Farmers State Bank & Trust Company obtained a judgment…