McCabe v. Moore

BLAIR, J..Appellee, G. J. Moore, sued appellants, ■ J. Q. and Frank McCabe, in trespass to try title to 23 acres of land out of survey 18, block W, Texas & Pacific Railway Company land, containing 147.4 acres, and at the conclusion of the testimony obtained an instructed verdict and judgment for tbe 23 acres against appellants’ claim of title thereto by the 10-year statute of limitation; hence this appeal.

The evidence established appellants’ claim of limitation title as a matter of law. The entire survey 18 was patented to appellee, Moore. May 26, 1902, he sold the east 48 acres to W. O.…