Whiteside v. Utterson

HUGHES, Justice. ■

This is an action of trespass to try title involving forty acres of land in Coke County and being the SW/4 of the SE/4 of Section 287, Block 1-A, H. & T. C. Ry. Co.

Appellee, Mrs. G. B. Utterson, undisputed owner of the record title, was sued by appellants Mrs. Lou Whiteside, surviving wife of Rufus Whiteside, and the Whiteside children.

Appellants base their claim to title upon compliance with the requirements of the ten-year statute of limitation.

Trial was before a jury which made the following findings:(a) That the land in suit was enclosed by a fence with less than 5,000…