Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-06-30

lelant vs.. l., Il. Gin q Ill., nr,t.l,,,,s
APPEAL from the district court Of Tnr.
rant county
OPINION.
includine findings of fact aud conclus.
Ions Of lnwJ
Appellant brought this suit IN the form
oI an action Of trespnss to try tile IN
sne district court OF Tarrant county. to
recover certain real property Described
as part Of block So, fuckers addition to
cry OF Fort Worth The defendants.
Who prevailed in the trial court, ara l.,
IL. Gill, w. II. and Sallle Holt n
Spencer and q II, Brown.
The appellant claims that the properly
IN controversy Is part " block No m
Worth
The appcllecs claim that Il Is no pnrt
81 block Ne, %, but that Il consists of
cartnin lots lying between block 81 and
Jones street in fuckers addition. They
further claim that II this rronerty bo
a portion Of block No. 80 they nro never.
theless entitled to il us bona Hide nur.
chasers for value and without notice.
CONCLUSIONS or FACT
w. Il. Tucker with his wife, NJ. A.
Tucker were formerly the owners Of
all the property involved together with
other real property known rs fuckers
addition to the city of Fort Worth. aud
they are tho common source Of tide.
June %, 1851, they conveyed, in consid,
Grafton of 5000 IL cash, by general war.
raniy deed TO the Gulf, Colorado and
Santa Fo Railway compnliy certain real
property described as blocks Nos. ~
and 90 IN fuckers addition 10 the city
Of Fort Worth" This deed was duly hi
ed for record in Tarnnt county. Feb. ~.
1882
The title Of the defendants W. II. Holt
and Sallie Holt is as follows.
|, A deed from w. h. Tucker aud his
wife to Edward lsham, dnted Oct. u.
ISL aud acknowledged Dec O. 1881.
THIS deed conyeys one lot 5lxTS feet,
without reference 10 number or block,
but described by metcs and bounds as
beginning 90 feet east ~ south Of The
southeast corner of e lot decided by
Tucker aud wife 10 NJ s Coppnge.
.. A deed conveying the same prom.
erty by Edward lshnm and wlfo 10 \
NJ Evans, dated Apri 10, 1882.
3 A deed from $. NJ. Evans convey
ing the same property 70 w. II. and
Snllle Holt, dated Jan. -. 1881
The title of the appellee Spencer dn
which the appellee w n. Holt Is Joint
ly Interested is is follows
T. A deed from w. Is. Tucker and
wife 10 W. H. Davis. dated June 4
1883. To "lot No. ., block IS. Tucker,
addition. according TO the plan Of said
fuckers addition, containing 5iNIi
feet"
= A deed from W, y. Davis aud his
l., Spencer Oct. 10, 1sS3 the SAINT
property.
Is AZ follows.
/. Deed dated May IS. 1881 by
Tucker aud wife, to Milton II. McCons
nell. conveying lot No. D. block No. S.
lJ1N1S feet W fuckers addition ia
the city of Fort Worth. according 10
the plan Of said addition
2. A deed from Milton II. McCOn-
nell, dated Nov. %, 1881, conveying The
same property
0. A deed from s NJ. Mcconnell
to q, b. Brown, dated Nov p. 1884.
conveying the same property.
Tho title Of The niIelcu L. u, GIN
A deed from Tucker and wife, date.
Aug 70, 1852. conveying lot No. ],
block No. 30, fuckers addition.
Two witnesses for the plalntiii testl-
~ In effect that they were present rep
resenting Oh company in tile year 1881.
and negotiated he purehase o. blQcl.
81 in question; that la bnying from w.
II. Tucker they used a nap known as
The "Cetti' map and including fuckers
nddifiOn to the city Of FoTt Worth;
thar they purchased with reference q
This map. which was recognized as genu-
inc by w. u. Tucker; that this mop
showed that block - IN question Audited
on Tones street as is west boundary
line and consequently that the lots now
claimed by the appellees were part Of
block 50.
On the other hand W. b Tucker tes,i-
6es that he had 30 knowledge Of such y
man ~ that described by ilie wiinrssee
for the paintin; that 10 40 not sen
tbe property with reference 10 such
nan. that al the time Of the sale % The
niaIntif no surveys had been made u bis
And atst OF Jones stret; that In con
lin, ~ me plainiifs iip intended 10 con-
~ block or land only 100 feet wiie;
,hs, however. at the time be did con.
,ey he supposed that block - ueiiiicned
h mo deed to the COMPANY Wine uiig
1oO feet wide would extend on me Wsst
"A Zones street: that after ne execution
~ M Herd h. caused one Findiry y siir
~, ,tis block 50 and adjoining lands
'.i'., h. discovered that tsete YVES 8 slflp
" issd seveniy.eight feei vide inicfr
a.,i,,.. between the west boundary nay
hi,,l ~ as be understood ~ rag
.frsrt. that be thcrclpon tan.f4
3 s,.,.d n, 10 divide this strip iuio sgiA
I,i.i,.i. he aftaruatlls eiiveyid 20 lif ~
St,.ts THE Idai. o. nisi. mus uiali
iei'i lsinji.r was subsequently win fei-
y X. K, fiock 81 and The 10y aeie ~
s sslred carried into the Inap 81 Asse
addii''n shc ciyl II Fol- Ngffh
n1p n me King Tlif fi1aif
mnur vas ussi by Tucker Y
~ NJ, VIZ nrrozerty in tpls addition. y ~