Gresham v. Chambers (80 Tex. 544, 1891)

HOBBY, Presiding Judge.

The appellee, Mrs. Margaret Chambers, on the 18th day of August, 1886, instituted this action of trespass to try title to the land in controversy, against several defendants, in-eluding appellants Walter Gresham and J. A. Robertson. They disclaimed as to any portion of the land to which their codefendants L. L. and C. F. Shields set up title, setting the same out by metes and bounds, and as to the balance, the four hundred and thirty acres involved, they pleaded not guilty and set up a cross-action against their warrantor J. M. Hayes. He answered October 3, 1887, admitting the sale of the four hundred and thirty acres to appellants, and also pleaded not guilty as to plaintiff.

Appellee in her supplemental petition to the answer of all the defendants, containing a general demurrer and general denial, pleads that the deed of Josiah Wilbarger and wife Margaret Wilbarger to Bartlett Sims, bearing date October 29, 1839, with Josiah Clifton and Thomas Glasscock as subscribing witnesses, acknowledged before Cicero Hash, clerk County Court of Bastrop County, by H. S. Morgan, deputy, and conveying all their rights, title, claims, and interest in and to a certain league of land in Bastrop County granted to Martha Barker by Talbot Chambers, commissioner of Milam’s Colony, under which she alleges defendants claim title, is a forgery.

On March 21, 1887, E. Wilkes filed an affidavit stating that -