Kountze v. Tucker

NEALON, Chief Justice.

Appellants, plaintiffs below, sued Mrs. Julia Darnall and others in trespass to try title to 14.35 acres in Jackson county. Mrs. Ella Tucker, one of defendants, joined by her husband, pleaded the 10-year statute of limitation and claimed title thereunder, but later disclaimed as to 2.35 acres, and asserted title to the balance. Plaintiffs by supplemental petition asserted title under the 3 and 5 year statutes of limitation. The case was tried to the court Evidence was heard on March 5 and 6, 1936, after which, at the request of the court, counsel filed written briefs and…