Smith v. Burgher

This is an action brought by the -appellee against the appellants to recover a certain lot of land in the city of Dallas. Defendants pleaded not guilty; five and ten years’ statutes of limitation; that Mattie Smith was illiterate and could neither read nor write; that her three children, the other appellants, had paid part of the purchase money for said land, of which ap-pellee had notice; fraud on the part of L. N. Smith; and a want of consideration for the making of the various transfers by Mattie Smith; and further pleaded res adjudicata as to the claim of plaintiff through L. N.Smith. The…