Legal Opinion

McCaslin v. Veasy

Court of Appeals of Texas

Decided December 20, 1917No. 1882Published

Appeal from District Court, Camp County; J. A. Ward, Judge. Action by L. B. McCaslin against Phil Veasy and another. Prom judgment for dej fendants, plaintiff appeals. This was a suit of trespass to try title. It was brought by appellant against appellees. The land involved, according to the allegations in the petition, was 307.6 acres in the northeast corner of the Mary Hays survey in Camp county.

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Appeal from District Court, Camp County; J. A. Ward, Judge. Action by L. B. McCaslin against Phil Veasy and another. Prom judgment for dej fendants, plaintiff appeals. This was a suit of trespass to try title. It was brought by appellant against appellees. The land involved, according to the allegations in the petition, was 307.6 acres in the northeast corner of the Mary Hays survey in Camp county. Appellees disclaimed as to all the land sued for except 15 or 20 acres just south, of the north boundary line of said Hays survey; and as to the 15 or 20 acres, after denying the allegations in…

1Opinion of the Court

WILLSON, O. J.

(after stating the facts as above).

[1,2] Assuming that the judgment of the court was predicated on a finding that the statute of limitations of ten years had operated to bar a right he had had to recover the 15 or 20 acres of appellees, appellant insists that the finding was without support in the testimony. As the findings of the court were not reduced to writing, we do not know from the record whether the court made such a finding, and based his judgment on it, or not. But if he did, and if it should be conceded that the finding was not authorized by testimony, it would not…

2Cases cited9 opinions

  1. S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
  2. General Bonding & Casualty Ins. Co. v. McCurdyCourt of Appeals of Texas · 1916
  3. Avery v. I. Popper & Bro.Texas Supreme Court · 1898
  4. Texas & Pacific Railroad v. PurcellTexas Supreme Court · 1898
  5. Warren v. KohrCourt of Appeals of Texas · 1901

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