Legal Opinion

Club Land & Cattle Co. v. Wall

Texas Supreme Court

Decided March 26, 1906No. 1538PublishedCited by 16 opinions

Error to the Court oí Civil Appeals for the Second District, in an appeal from Archer County. Wall sued the Land & Cattle Company and others for the recovery of land. Defendants recovered judgment on their plea of limitation. On plaintiffs appeal this was reversed and judgment rendered in his favor. Appellees then obtained writ of error.

1Opinion of the Court

BROWN, Associate Justice.

On April 11, 1904, Wall filed this suit in trespass to try title against the Club Land & Cattle Company, A. L. Matlock, George E. Miller and F. E. Dycus, to recover 119 acres of land situated in Archer County. The defendants pleaded by general demurrer, not guilty, and the statute of limitations of three and five years, with other special pleas not necessary to mention here. At the trial the court in its charge to the jury submitted only the issue of the statute of limitations of five years to the jury. Verdict was returned for the defendants and judgment entered…

2Cases cited4 opinions

  1. Gardener v. Griffith, ExecutorsTexas Supreme Court · 1900
  2. McDonough v. Jefferson CountyTexas Supreme Court · 1891
  3. Kelly v. MedlinTexas Supreme Court · 1861
  4. Halbert v. BrownCourt of Appeals of Texas · 1895

3Cited by16 opinions

  1. Sullivan v. FantCourt of Appeals of Texas · 1913
  2. Baker v. FogleTexas Supreme Court · 1919
  3. Baker v. FogleTexas Supreme Court · 1920
  4. Keels v. KeelsCourt of Appeals of Texas · 1968
  5. Wichita Valley Ry. Co. v. SomervilleCourt of Appeals of Texas · 1915

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