O'Neal v. Pettus

HENRY, Associate Justice.

This was an action of trespass to try title. It involves only two questions, of which it is only necessary for us to decide one.

One Border is the common source of title. Border conveyed to Ballew by deed dated in 1860. This deed was duly recorded in 1860, and the appellants, who were.plaintiffs in the District Court, claim their title through it. The record of it was destroyed by the burning of the court house of Goliad County in the year 1870, and the deed was never rerecorded. In the year 1883 the appellee purchased the land from the heirs of Border without notice…