Price v. Eardley

Appellants sought to recover 725 acres of land from appellees, but the latter disclaimed as to 640 acres of the land, and the suit resolved itself into a contest as to the title to the land in excess of the 640 acres which was patented to appellant's vendors by the State of Texas. Appellees pleaded not guilty and ten years limitation. In answer to the plea of limitations appellants alleged that until March, 1893, appellees were claiming the land as pre-emptors, believing it to be unappropriated public land. The cause was tried by jury and resulted in a verdict and judgment for appellees.

This…