Riggs v. Pope
Court of Appeals of Texas
This was a suit instituted by Sallie J. Riggs, joined by her husband, W. S. Riggs, against J. P. Pope and G-. I. Pope, to remove cloud from title and quiet the possession of Sallie J. Riggs in 10 acres of land in controversy.
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This was a suit instituted by Sallie J. Riggs, joined by her husband, W. S. Riggs, against J. P. Pope and G-. I. Pope, to remove cloud from title and quiet the possession of Sallie J. Riggs in 10 acres of land in controversy. Plaintiffs alleged title in Sallie J. Riggs in fee simple, alleging that they held by limitations under the five and ten year statutes; also alleged the possession of the land for twenty years; alleged an error in description according to metes and bounds in deeds under which defendants claim the land, by which said field notes, giving the calls for metes and bounds…
1Opinion of the Court
KEY, Associate Justice.
In our opinion, the District Court erred in holding that plaintiffs’ petition failed to state a cause of action, and in sustaining defendants' demurrers thereto and dismissing the cause.
The averments of the petition are sufficient, if true, to entitle plaintiffs to a judgment removing cloud from title. These averments, in so far as they relate to the action of defendants in asserting title to the property in controversy, are aided and confirmed by the defendants’ answer filed herein, claiming title to the property under the very deeds in which, the plaintiffs charge,…
2Cases cited1 opinion
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
3Cited by17 opinions
- Sullivan v. BarnettTexas Supreme Court · 1971
- Gulf Production Co. v. PalmerCourt of Appeals of Texas · 1921
- Overton v. Colored Knights of PythiasCourt of Appeals of Texas · 1914
- Peoples v. BrockmanCourt of Appeals of Texas · 1913
- Blunck v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1909
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