H. & T. C. R. R. Co. v. Chaffin
Texas Supreme Court
Error from Grayson. Tried below before the Hon. Jos. Bledsoe. Trespass to try title brought by H. M. Chaffin, and also for damages done to the land by cutting a ditch and throwing up an embankment, laid at §1,500, and for rents during defendant’s occupation. On the 10th day of December, 1878, a suggestion of the death of plaintiff was filed, and making the heirs parties, which was ordered by the court.
Read the full summary
Error from Grayson. Tried below before the Hon. Jos. Bledsoe. Trespass to try title brought by H. M. Chaffin, and also for damages done to the land by cutting a ditch and throwing up an embankment, laid at §1,500, and for rents during defendant’s occupation. On the 10th day of December, 1878, a suggestion of the death of plaintiff was filed, and making the heirs parties, which was ordered by the court. Defendant pleaded not guilty, statutes of limitation of three years under title and color of title, and also limitation of two years in bar of the plaintiff’s claim for damages to the land.…
1Opinion of the Court
Watts, J. Com. App.
One of the contested issues in the court below was as to the right of appellees to a recovery for damages on *554account of the ditch cut and embankment made by appellant upon the land. It appeared from the evidence that this ditch was cut and the embankment was made in the spring of 1873; this suit was commenced March 18, 1878. To this claim for damages the appellant interposed the defense of two years’ limitation, and on the trial asked the court to instruct the jury, in effect, that if more than two years had elapsed between the time the ditch was dug and the embankment was…
2Cases cited3 opinions
- Watkins v. EdwardsTexas Supreme Court · 1859
- Hawley v. BullockTexas Supreme Court · 1867
- Lacoste v. OdamTexas Supreme Court · 1863
3Cited by4 opinions
- Texas & P. Ry. Co. v. ScottCourt of Appeals for the Fifth Circuit · 1896
- Chicago, R. I. & G. Ry. Co. v. JohnsonCourt of Appeals of Texas · 1913
- Lyles v. Texas & New Orleans Railway Co.Texas Supreme Court · 1889
- Gulf, Colorado & Santa Fe Railway Co. v. PoindexterTexas Supreme Court · 1888