Leonard v. Cleburne Roller Mills Co.

Defendant in error, Cle-burne Roller Mills Company, instituted this suit in the ordinary form of trespass to try title to recover of plaintiffs in error the house and lot described in the pleadings.

Defendant in error is entitled to recover title and possession of the property unless defeated by the limitation title asserted by plaintiffs in error. Plaintiffs in error appealed from the action of the district court in giving a peremptory instruction to find for defendant in error. Upon appeal the Court of Civil Appeals concluded that the trial court erred in giving a peremptory instruction in…