Houston Oil Co. of Texas v. Pullen

Plaintiff in error instituted this suit in trespass to try title to 1,280 acres of land out of the Aran jo survey in Polk and Tyler counties, Tex. Defendants in error disclaimed as to all of the survey except 60 acres thereof located in Polk county. As to this 60-acre tract, they plead the 3. 5 and 10 years’ statutes of limitation.

The only issue submitted to the jury involved the 10-year statute. Defendants in error did not except to the charge of the court. Plaintiff in error excepted on the ground that no issue of this kind was raised by the evidence. It was conceded by all that the record…