Wingfield v. Smith

This is an action of trespass to try title and for damages brought by the appellant against the appellee.

The land sued for is described in the petition as the John Beeves survey, which appellant claims under an award by the Commissioner of the General Land Office of the-State of Texas made to him in the year 1905. and contains 90 acres.

The answer of the defendant disclaims as to all of the land sued for, except as to 48.17 acres thereof, which is within defendant’s inclosure and is described in the answer by metes and bounds.

As to this 48.17 acres, the answer pleads title in defendant by…