Blackwell v. Patton
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. This was an action of trespass to try title, brought by the appellee, against H. W. Blackwell and Jedediah Blackwell, for the south-east fourth of a league of land, granted to James Jordan. His petition was filed, February 10th, 1855. The defendant, Jedediah Blackwell, answered by a plea of “ not guilty,” and a disclaimer.
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Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. This was an action of trespass to try title, brought by the appellee, against H. W. Blackwell and Jedediah Blackwell, for the south-east fourth of a league of land, granted to James Jordan. His petition was filed, February 10th, 1855. The defendant, Jedediah Blackwell, answered by a plea of “ not guilty,” and a disclaimer. The other defendant, H. W. Blackwell, answered “not guilty,” and also as follows, to wit: “Defendant says, that he has been in actual possession, cultivating, and paying taxes for 320 acres, since the 1st of…
1Opinion of the CourtBell, J.
The court below did not err in sustaining the exceptions of the plaintiff to the several answers of the defendant, H. W. Blackwell. The statute of limitations was nowhere well pleaded.
The objections of the defendant below, to the admissibility of the deeds offered by the plaintiff, were properly overruled by the *674court. We do not perceive that any valid objection to the admissibility of the plaintiff’s deeds could have been urged.
We'do not feel it to be our duty to inquire into the correctness of the ruling of the court, excluding the testimony offered by the defendant. The parties have not…
2Cited by13 opinions
- Lockett v. SchurenbergTexas Supreme Court · 1884
- Ivy v. IvyCourt of Appeals of Texas · 1908
- Atchison, Topeka & Santa Fe Railway Co. v. LochlinTexas Supreme Court · 1895
- Jones v. CavasosTexas Supreme Court · 1867
- Pruitt v. BlesiCourt of Appeals of Texas · 1918
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