Glenn v. Ashcroft

OPINION.

This action of trespass to try title was brought by appellants, and to which appellee, in addition to the plea “not guilty,” interposed the defense of five and ten years limitation. The only reply to this defense was a special denial, which had no other effect than if the reply had been by general denial. It is claimed that the court erred in refusing to admit evidence as to the minority of appellants, so as to defeat the defense of limitation. This evidence was excluded because the appellants had not set up their non-age as a reply to the defense of limitation, and there was no error…