Sellman v. Lee
Texas Supreme Court
Appeal from San Saba. Tried below before the Hon. W. A. Blackburn. Action of trespass to try title to six hundred and forty acres of land, brought by appellant, Thomas Sellman.
Read the full summary
Appeal from San Saba. Tried below before the Hon. W. A. Blackburn. Action of trespass to try title to six hundred and forty acres of land, brought by appellant, Thomas Sellman. Appellee answered with a plea of “not guilty,” and attempted to set up title to one hundred and sixty acres out of the said six hundred and forty, designating it only as one hundred and sixty acres, to include his improvement, claiming the same as a pre-emptor; also pleading improvement in good faith on the one hundred and sixty acres, to the amount of $400. Appellant obtained judgment as to title to the land, but…
1Opinion of the CourtMoore, C. J.
It is incumbent upon the defendant who is sued for land, to distinctly state in his answer the extent of his possession or claim; otherwise his answer will be an admission for the purpose of the action that he is in possession of the premises sued for, or that he claims title thereto, at the commencement of the action. E. S., arts. 4194-4805.
Appellee, the defendant below, by his answer limited his claim of possession to an undesignated one hundred and sixty acres of the six hundred and forty acres of land for which he was sued. This answer was therefore evidently defective, and if exception…
2Cited by9 opinions
- Jones v. WilliamsTexas Supreme Court · 1931
- Cave v. Mayor of HoustonTexas Supreme Court · 1886
- Gaither v. HanrickTexas Supreme Court · 1887
- Crumbley v. BusseCourt of Appeals of Texas · 1895
- Thompson v. ComstockTexas Supreme Court · 1883
4 more not listed; retrieve them via the Exa API.