Baten v. Kirby Lumber Corporation‪.‬

Kirby Lumber Corporation sued Thos. J. Baten, Kelly Williams and wife, Southern Lumber Company and others in trespass to try title for a large tract of land in Hardin County, Texas, referred to as the J. v. Richardson survey, minutely describing it, and for damages for cutting timber therefrom, praying "judgment for the title and possession of the above described land and for damages against defendants." Baten answered with general denials, and by cross-action prayed to recover of plaintiff a specially described tract of 160 acres called the J. T. Overstreet survey. Williams and wife answered by general denials, and by cross-action sought to recover another 160 acres, or at least his actual enclosure thereon, which he claimed by a ten year limitation title. Southern Lumber Company admitted cutting the timber off of 115 acres of the overstreet survey after a sale of it by Baten. The jury found this verdict: "We the jury find in favor of the plaintiff against the defendants, and in favor of plaintiff and against defendants Baten and Southern Lumber Company for 241,475 feet of timber for the sum of $1895.83. We the jury find in favor of the plaintiff and against Kelly Williams and wife." The court entered judgment on the verdict for the land sued for, described somewhat differently from the description in the petition, and for the damages found, and that defendants recover nothing of plaintiff. Baten having died, his administratrix and Williams and wife have made separate appeals.