Portwood v. Newberry

COLLARD, Judge.

This suit was brought by Lula Portwood and Mary E. Portwood against J. O. Newberry for the 160-acre pre-emption survey patented to R. B. Portwood September 17, 1863. The suit was filed 13th of June, 1887.

Defendant pleaded not guilty, and set up statute of limitation of three, five, and ten years. Plaintiff Lula Portwood replied, setting up her minority.

*339After introducing the patent it was proved that Mary E. Portwood was the surviving wife of B. B. Portwood, and that Lula was the only surviving child of the marriage. B. B. Portwood and wife lived upon the land as their homestead…