Legal Opinion

Ludtke v. Smith

Court of Appeals of Texas

Decided April 7, 1916No. 7160PublishedCited by 6 opinions

Appeal from District Court, Harris County; Wm. Masterson, Judge. Action to try title by G. C. Smith, against Rosina Ludtke and others. Judgment for plaintiff, and defendants appeal.

1Opinion of the Court

This is an action of trespass to try title, brought by G. C. Smith against Rosina Ludtke, the widow, and the other defendants, the children and heirs at law of August Ludtke, to recover the title and possession of 15 acres out of lot 16 and. 10 acres out of lot 15 of the Harris Wilson two-league grant in Harris county. Defendants relied upon the defense of limitation under the 10-year statute, which they pleaded. A trial before a jury resulted in a verdict and judgment for plaintiffs, from which the defendants have appealed. The court charged the jury, in part, as follows:

"With reference to…

2Cases cited6 opinions

  1. Harn v. SmithTexas Supreme Court · 1891
  2. Thomson v. WeismanTexas Supreme Court · 1904
  3. Smith v. MontesTexas Supreme Court · 1853
  4. Pendleton v. McMainsCourt of Appeals of Texas · 1903
  5. McAllen v. CraftsCourt of Appeals of Texas · 1911

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3Cited by6 opinions

  1. Ætna Accident & Liability Co. v. Trustees of First Christian Church of ParisCourt of Appeals of Texas · 1920
  2. Citizens' Nat. Bank of Stamford v. StevensonCourt of Appeals of Texas · 1919
  3. Hunt v. DunlapCourt of Appeals of Texas · 1923
  4. Kirby Petroleum Co. v. HoukCourt of Appeals of Texas · 1932
  5. McDade v. GirardeyCourt of Appeals of Texas · 1928

1 more not listed; retrieve them via the Exa API.

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