Taylor v. Brown
Court of Appeals of Texas
Appeal from Wharton. Tried below before Hon. T. S. Reese. 1. The court erred in admitting, over .the objection of defendants, evidence of plaintiff in support of the plea of title by limitation urged by plaintiff; because by the terms of the written agreement of the parties filed in this cause such proof should have been limited in its effect, and should have been considered only as a circumstance bearing on the question of boundary, and should not have been admitted to…
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Appeal from Wharton. Tried below before Hon. T. S. Reese. 1. The court erred in admitting, over .the objection of defendants, evidence of plaintiff in support of the plea of title by limitation urged by plaintiff; because by the terms of the written agreement of the parties filed in this cause such proof should have been limited in its effect, and should have been considered only as a circumstance bearing on the question of boundary, and should not have been admitted to prove title — this being, by agreement of parties, a suit to settle a disputed boundary, and not a suit to settle the title.…
1Opinion of the Court
GARRETT, Chief Justice.
J. W. Brown filed his original petition of trespass to try title in the District Court of Wharton County, on March 17,1885, to recover of the appellants a certain tract of land described in the petition as one-fourth league number 12, known as the Seth Ingram league, on the San Bernard River, as well as by metes and bounds, which embraced only land wholly within the Seth Ingram league. Plaintiff also averred, that he and those persons under whom he claimed, claiming to have good and perfect right and title to the land, had held peaceable, continuous, exclusive, and…
2Cited by4 opinions
- Buck v. DavisSupreme Court of Arkansas · 1897
- Stanolind Oil & Gas Co. v. StateCourt of Appeals of Texas · 1941
- Schoonmaker v. ClardyCourt of Appeals of Texas · 1920
- Whittenburg v. StateCourt of Appeals of Texas · 1941