Cobb v. Robertson
Texas Supreme Court
Error to the Court of Civil Appeals for the Second District, in an appeal from Bosque County. Robertson and others sued Cobb and others in trespass to* try title, and obtained judgment. Defendants appealed and the judgment was affirmed in part and in part reversed and remanded. From the affirmed judgment appellants prosecuted writ of error. The case on appeal is styled M. Logan, et ah, v. Geo. P. Robertson, et al.
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Error to the Court of Civil Appeals for the Second District, in an appeal from Bosque County. Robertson and others sued Cobb and others in trespass to* try title, and obtained judgment. Defendants appealed and the judgment was affirmed in part and in part reversed and remanded. From the affirmed judgment appellants prosecuted writ of error. The case on appeal is styled M. Logan, et ah, v. Geo. P. Robertson, et al. The opinion of the Court of Civil Appeals so far as relates to the defense of the Statute of Limitation of five years, referred to and approved in the present opinion was as follows:
1Opinion of the Court
CONNER, Chief Justice.
To the extent at least of half of the north half of the survey the five years statute of limitation, by the terms of the statute, is not available to the adverse claimants of the north half of the DeMoss survey. For to this extent at least, in the absence of said statute, they must deraign their title through the forged deed of Peter DeMoss. See Rev. Stats., art. 3342. And if we assume that the other half of the north half first conveyed by the deed from J. M. Cayce to Jenkins and Robertson is unaffected by the forgery of the Peter DeMoss deed, we still think appellants…
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