McKamey v. Thorp
Texas Supreme Court
Appeal from Hood. Tried below before the Hon. T. L. Nugent. Letitia G-. McKamey, joined by her husband, Wm. N. McKamey, sued appellees P. Thorp et al. in trespass to try title to a house and lot at Thorp’s Spring. Plaintiffs alleged that the lot was the separate pz’operty of the wife. Defendants answered by general demurz'er and not guilty. Judgment that plaintiff take nothing, etc.
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Appeal from Hood. Tried below before the Hon. T. L. Nugent. Letitia G-. McKamey, joined by her husband, Wm. N. McKamey, sued appellees P. Thorp et al. in trespass to try title to a house and lot at Thorp’s Spring. Plaintiffs alleged that the lot was the separate pz’operty of the wife. Defendants answered by general demurz'er and not guilty. Judgment that plaintiff take nothing, etc. The property in question was paid for out of Mrs. McKamey’s separate means, held by her husband for her and which was inherited,in the land, and the deeds from Walker and wife taken to her with the intent of…
1Opinion of the Court
Willie, Chief Justice.—
The court did not err. in admitting the testimony referred to in the first and second assignments of error. Our Kevised Statutes provide that any defense to an action of trespass to try title may be given in evidence under the plea of not guilty, except the statute of limitations, which must be specially pleaded. The testimony was offered to show fraud in the acquisition of title to the land by Mrs. McKatney, and that Thompson was an innocent puz-chaser without notice; either of which facts, if available as defenses, were as admissible under the pleas of not guilty as…
2Cases cited16 opinions
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