Scarbrough v. Alcorn
Texas Supreme Court
Appeal from Olay. Tried below before Hon. B. F. Williams. The opinion states the ease.
1Opinion of the Court
Collard, Judge.
It is well settled that in an action of trespass to try title, under a plea of not guilty the defendant may prove estoppel. McDow v. Rabb, 56 Texas, 162; Mayer v. Ramsey, 46 Texas, 371; Wright v. Doherty, 50 Texas, 34. In other cases it is the general rule that any affirmative defense must be specially pleaded. Smith v. Sherwood, 2 Texas, 461; Keeble v. Black, 4 Texas, 69; 12 Texas, 527.
The object of the law is to notify the adverse party of the character of the defense so that he may prepare to meet it. The common law rule is that an estoppel in pais does not have to be…
2Cases cited10 opinions
- Carden v. SpilmanTennessee Supreme Court · 1847
- Hunt v. WhiteTexas Supreme Court · 1859
- Mayer v. RamseyTexas Supreme Court · 1876
- Wright v. DohertyTexas Supreme Court · 1878
- G. H. & S. A. R'y Co. v. DonahoeTexas Supreme Court · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Hollifield v. LandrumCourt of Appeals of Texas · 1903
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- Tanner v. ImleCourt of Appeals of Texas · 1923
- Alling v. Vander StuckenCourt of Appeals of Texas · 1917
- Rail v. City National BankCourt of Appeals of Texas · 1893
30 more not listed; retrieve them via the Exa API.