Horrocks v. Horrocks

AKIN, Justice.

This is an appeal by defendant from an adverse summary judgment in a partition suit between cotenants. Defendant H. N. Horroeks asserted that he had acquired title to the entire fee by adverse possession under both the ten (10) year and twenty-five (25) year statutes of limitations. Because the defense of adverse possession by limitations is an affirmative defense, the defendant had the burden of raising a fact issue with respect to this defense. This he failed to do. Accordingly, we affirm.

Plaintiffs, Billy Jack Horroeks and Jim Horroeks, filed suit for partition of one hundred…