Bentinck v. Franklie
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Joseph Franklin, appellee, brought this suit of trespass to try title against Henry W. Bentinck, April, 1870, for the recovery of certain lots in the city of Galveston. The defendant pleaded “not guilty,” limitations of five years under deed duly registered, and of ten years, both exclusive of the period between January 38, 1861, and September 3, 1866; also ten years non-entry, and outstanding title.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. Joseph Franklin, appellee, brought this suit of trespass to try title against Henry W. Bentinck, April, 1870, for the recovery of certain lots in the city of Galveston. The defendant pleaded “not guilty,” limitations of five years under deed duly registered, and of ten years, both exclusive of the period between January 38, 1861, and September 3, 1866; also ten years non-entry, and outstanding title. Defendant afterwards pleaded “that the title of plaintiff was wholly derived from the Galveston City Company, which rested…
1Opinion of the CourtWalker, J.
Joseph Franklin brought this suit against Henry W. Bentinck to recover certain lots in the city of Galveston. The defendant pleaded “not guilty;” also the ten and five years’ statutes of limitations. He also set up title in himself under a purchase at tax sale, and likewise outstanding title.
It appears that the Galveston City Company, through which the plaintiff claims title, purchased the lots at judicial sale. This title is attacked, and the Galveston City Company is made a party. The errors assigned, on which we are asked to reverse this case, are five in number, viz.: “First — The court…
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