Davis v. Breithaupt

PHILLIPS, Justice.

This case is before us on an instructed verdict.

The suit was in trespass to try title in which Antoinette C. Breithaupt and others, the record title holders to the land in question, were the plaintiffs below and Maston Davis, the adverse claimant to the land in question, was the defendant.

The land in controversy is the Frank Shannon Survey lying in Gonzales and Caldwell Counties, Texas, and is approximately 160 acres.

Davis, the appellant here, filed a general denial, a plea of not guilty and affirmatively plead the statute of limitations. Art. 5510, Vernon’s Ann.Civ.St.

Prior…