McMurry v. Mercer

COONEY, Justice.

Sam McMurry, Clarence McMurry, and Barton McMurry, three of the eight surviving children and heirs at law of S. H. McMur-ry (who died in 1912) and Mrs. S. H. Me-’ Murry (who died May 16, 1932), filed separate suits, in form trespass to try title, against Fred Mercer, each seeking recovery of a one-sixteenth undivided interest in 263.» acres of land located in Rockwall county, owned by Mr. and Mrs. S. H. BIcMurry at the time of the death of S. H. McMurry, used and occupied by Mrs. McMurry until the date of her death.

Defendant Mercer answered by general denial, plea of not…