Orsborn v. Deep Rock Oil Corp.

joined by Justices Calvert and Smith dissenting.

I cannot agree with the majority opinion that, as a matter of law, there was no fact issue raised upon the petitioner’s plea of limitation whereby he recovered a judgment in the trial court for the 56.85 acres of land in controversy. The majority opinion fails to give any probative force to that evidence sustaining the findings of fact by the trial judge; but, on the contrary, seizes on isolated testimony to sustain the judgment of the Court of Civil Appeals reversing and rendering the trial court’s judgment.

*293A recitation of the evidence becomes…