W. F. Flewellen Et. Al. v. Eaton Randall Et. Al.
An action of trespass to try title for 67 acres of land. Defendants pleaded not guilty. Randall et al. claimed the entire tract under a plea of limitation of ten years. A jury trial found in favor of the defendant which prompted this appeal. The record to the land sued for was in the plaintiffs as heirs of Thomas Flewellen, deceased., to whom the land was patented.
The facts: Thomas Flewellen owned the land as patentee. Randall married a widow who owned the adjoining land. Randall and Flewellen were neighbors and acquaintances.Both supposed the 67 acre tract was vacant public land, and on the suggestion of Thomas Flewellen, Randall entered upon the land with the intention of acquiring it from the state. But, Randall only improved 20 acres, nothing more. The claim to the land was adverse to all the world except the supposed owner.
Judge reversed the decision in favor of the plaintiffs.
Source: The Texas Civil Appeals Reports, Cases Argued and Adjudged in the Courts of Civil Appeals of the State of Texas During the First Half of the Year 1903, by A. E. Wilkinson & B. R. Webb, Vol. 32, Austin, Gammel-Statesman Publishing Company, 1904