Spain v. Kurth

O’QUINN, Justice.

Suit by appellees against appellants, in trespass to try title to certain land in Nacogdoches County, Texas, a portion of the R. E. Lindsey 620-acre survey.

Trial was to the court without a jury, and judgment was for appellees for the title and possession of the land involved in the suit. Appellants appealed that judgment to this court. The appeal was undertaken on affidavit of inability to make appeal bond. Appellees, in due time, filed motion to dismiss the appeal.

On submission, appellees insist that their motion to dismiss be considered and sustained, for the reason, among…