Doyle v. Ellis

HALL, Justice.

This is a trespass to try title action involving a tract of approximately 77.403 acres in Leon County, brought by appellants Van Doyle and other “Doyle heirs” on March 23, 1973, against appellee Oliver Ellis. By way of defense, Ellis pleaded the ten-year statute of limitation, Article 5510, Vernon’s Tex.Civ.St., which provides in pertinent part as follows:

Any person who has the right of action for the recovery of lands, tenements or hereditaments against another having peaceable and adverse possession thereof, cultivating, using or enjoying the same, shall institute his suit…