Legal Opinion

Peden v. Crenshaw

Texas Supreme Court

Decided December 22, 1904No. 1367PublishedCited by 15 opinions

Error to the Court of Civil Appeals for the Fifth District, in an appeal from Grayson County. Peden sued Crenshaw and others and judgment went for defendant. It was affirmed on appeal by plaintiff, who thereupon obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

This suit was brought by the plaintiff in error, as the owner of a lot in the city of Sherman, against the defendants in error, to recover damages for the obstruction of an alley adjacent to her property and to enjoin the interference with her easement therein. The defendants pleaded, with other defenses, the statute of limitation of five years; and this was the defense mainly relied upon, on the trial. The court, trying the case without a jury, held that the plaintiff’s action was barred by the statute, and gave judgment for the defendants. This judgment was affirmed by…

2Cases cited2 opinions

  1. Mayor of Galveston v. MenardTexas Supreme Court · 1859
  2. Mitchell v. BurdettTexas Supreme Court · 1858

3Cited by15 opinions

  1. McKee v. E. R. StewarTexas Supreme Court · 1942
  2. Hardy v. BumpsteadTexas Commission of Appeals · 1931
  3. Walker v. MaynardCourt of Appeals of Texas · 1930
  4. Vaughan v. AndersonCourt of Appeals of Texas · 1973
  5. Noland v. WeemsCourt of Appeals of Texas · 1911

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