Stout v. Taul
Texas Supreme Court
Appeal from Red River. Tried below before the Hon. D. H. Scott. This is a suit of trespass to try title, brought by the appellees' (who were plaintiffs in the court below) against appellants (defendants in the court below) for a tract of land in Red River county, patented, to the appellant, Henry Stout, as assignee of Allen McClennau. Plaintiffs in their petition set up and rely upon the statute of limitation of five and ten years as a right to recover.
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Appeal from Red River. Tried below before the Hon. D. H. Scott. This is a suit of trespass to try title, brought by the appellees' (who were plaintiffs in the court below) against appellants (defendants in the court below) for a tract of land in Red River county, patented, to the appellant, Henry Stout, as assignee of Allen McClennau. Plaintiffs in their petition set up and rely upon the statute of limitation of five and ten years as a right to recover. The defendants pleaded general demurrer, general denial, plea of not guilty, statute of limitation of three years and suggested valuable…
1Opinion of the Court
Stayton, Chief Justice.
This action was brought by B. H. Taul, J. N. Conkrite and Mollie Conkrite against Henry Stout, E. S. Chambers, R. H. Kirby, J. W. Kidd, Sallie Taylor and Fay Melissa Taylor to recover a tract of land patented to Henry Stout, assignee of Allen McClennan. The defendant Henry Stout was the patentee, and some if not all of the other defendants claim an interest in the land through him.
The plaintiffs show no paper title deraigned from the patentee or the original grantee, but in their pleadings and proof rely for title on limitation based on five and ten years adverse…
2Cited by29 opinions
- Stiles v. HawkinsTexas Commission of Appeals · 1918
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- Gibbs v. LesterTexas Commission of Appeals · 1931
- Barnes v. PatrickTexas Supreme Court · 1912
- Burt v. DeorsamCourt of Appeals of Texas · 1920
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