Kellogg v. Southwestern Lumber Co. of New Jersey

This was a suit in trespass to try title involving the Kellogg grant of 1,107 acres in San Augustine county. Judgment was in favor of appellee on an instructed verdict, from which appeal has been prosecuted to this court. This is the second appeal. On the first trial appellants were plaintiffs and J. R. Chapman was defendant. That trial was to a jury with judgment in favor of Chapman, from which appeal was prosecuted to this court, where, in an opinion by Judge Brooke (Kellogg v. Chapman, 201 S. W. 1096, 1097), the judgment of the lower court was reversed and judgment rendered for appellants.…