Boone v. Hulsey

Excerpt

<p>Appeal from Fannin. Tried below before Hon. D. H. Scott,</p> <p>On the-day of December, 1876, appellants filed a suit in the district court of Fannin county for recovery of an undivided interest in land in controversy.</p> <p>On September 6, 1880, Margaret Boone and her husband, J. W. Boone, Olive T. Wainscott and her husband, Thomas J. Wainscott, and Jacob H. Humphrey, filed their fifth amended petition in the district court of Fannin, county against Harvey B. Cobb, John Hulsey and many others, for their, appellants’, undivided interest in the Daniel Davis league and labor of land.</p> <p>In said petition appellants allege that in December, 1874, they were seized and possessed of said land in their own right as follows, respectively: Margaret Boone, of an undivided interest of one-half and said Olive T. Wainscott and Jacob H. Humphrey, each of an undivided interest of one-eighth in the said Daniel Davis league and labor of land. That on December -, 1874, the appellees expelled appellants therefrom. That there were many farms on said land and the appellees had used and cultivated the cleared land for their own use and appropriated all the rents and profits thereof since and for years before the commencement of this suit and withheld from appellants their share in same. That the rents and profits were of the value of twenty thousand dollars, and that appellants had been thereby damaged ten thousand dollars. That appellees cut down and used a large number of trees growing upon said land of the value of and to appellant’s damage ten thousand dollars.</p> <p>That appellants, Margaret and Daniel Davis, were married in Texas in 1834 and lived together as such and were reputed to be and were man and wife in Texas from that time until the death of Daniel Davis, which took place in 1838.</p> <p>That they were, both of them, residents of Texas at and before their marriage and continued to be so, the said Daniel Davis until his death, in 1838, and the said Margaret until th