Carter v. Barnes

(after stating the case as above). Appellants present the two points in view as constituting distinct grounds of error in rendering judgment in favor of appellees, that (1) the evidence establishes that lot 1 in block 21 purchased in 1870, as well as the lot on North Main street exchanged therefor, was the separate property of Eliza Anderson; and (2) the appellees’ cause of action was barred by the statute of limitation of 10 years.

It is definitely shown that Archie and Eliza Anderson were living together as husband and wife at the time of and before the deed of April 11, 1870. Such deed…