Parker v. Fort Worth & Denver City Railway Co.

STAYTON, Chief Justice.

— This is an action of trespass to try title, instituted by appellant to recover a section of land patented to Simon Stark, from whom he deraigned title by regular chain of transfer.

Appellee, after having first made defense to the entire action, disclaimed as to all the land sued for except a strip of land 100 feet wide, extending through the grant, over which it claimed to have acquired right of way through proceedings in condemnation instituted on May 15, 1882, which was prior to the purchase of the land by appellant.

Judgment was rendered in favor of the plaintiff for…