BROWN, Justice.
This appeal is by the plaintiff from a judgment in a statutory action in the nature of ejectment, brought against the defendant for the recovery of a forty-acre tract of timber land, on which at a time in the past there had been a habitation, evidenced by a house place, the remains of an old chimney, surrounded by fruit trees and which the tract book kept in the office of the Probate Judge of Lamar County "as required by law", offered and received...
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