Brown v. Kirk
Court of Appeals of Texas
Appeal from District Court, Cass County; R. T. Wilkinson, Judge. Action by Josie Brown against R. L. Kirk and another in which Bertress Kirk and another were made parties, defendant after the death of R. L. Kirk. Judgment for defendants, and plaintiff appeals.
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Appeal from District Court, Cass County; R. T. Wilkinson, Judge. Action by Josie Brown against R. L. Kirk and another in which Bertress Kirk and another were made parties, defendant after the death of R. L. Kirk. Judgment for defendants, and plaintiff appeals. This was a statutory action of trespass to try title, commenced by appellant against R. L. Kirk and appellee J. H. Kirk January 16, 1918. R. R. Kirk died in February, 1920, and his devisees, appellees Bertress Kirk and Mary Kirk, were made parties defendant by an amended petition filed by appellant August 23, 1920. The land in…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). The assignments attacking the judgment as erroneous on the ground that the testimony did not warrant (1) the finding that a partition of the land was effected between appellant and R. L. Kirk and J. H. Kirk, and (2) the findings that the possession of R. L. Kirk of the 200 acres claimed by ap-pellees Bertress Kirk and Mary Kirk, and of J. H. Kirk of 125 acres claimed by him, was “adverse” to appellant within the meaning of the statute of limitations, are sustained.
[1, 2] There was testimony sufficient to support a finding that appellant and R.…
2Cases cited5 opinions
- Norris v. HuntTexas Supreme Court · 1879
- Coker v. RobertsTexas Supreme Court · 1888
- Gorham v. SettegastCourt of Appeals of Texas · 1906
- Sullivan v. FantCourt of Appeals of Texas · 1913
- Young v. GharisCourt of Appeals of Texas · 1914
3Cited by1 opinion
- Ebner v. NallCourt of Appeals of Texas · 1939