Herring v. Swain

GAINES, Associate Justice.

— This was an action of trespass to try title, brought by the plaintiff in error against the defendant in error. The petition was in the statutory form, and described the land by metes and bounds. The defendant entered a plea of not guilty, and alt the same time filed a disclaimer of title to any part of the land sued for by plaintiff, “except the land embraced in and covered by the Charles A. Lacoste survey,” giving the boundaries of that survey. The court gave judgment for plaintiff for the land claimed by him, except for so much thereof as was included within the…