Evitts v. Roth
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. C. C. Potter. December 8, 1877, appellant brought trespass to try title against appellees, except Herndon and Hood, to recover the land described in the petition, claiming title by virtue of a patent issued to him May 10, 1856. Appellees claimed the land through a patent issued to Jacob J. Gholson, July 23, 1856, and mesne conveyance to them, relied upon the three years’ statute of limitations, and averred that, at the time the…
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Appeal from Wise. Tried below before the Hon. C. C. Potter. December 8, 1877, appellant brought trespass to try title against appellees, except Herndon and Hood, to recover the land described in the petition, claiming title by virtue of a patent issued to him May 10, 1856. Appellees claimed the land through a patent issued to Jacob J. Gholson, July 23, 1856, and mesne conveyance to them, relied upon the three years’ statute of limitations, and averred that, at the time the Gholson certificate was located, there was no evidence in the surveyor’s office of any appropriation of the land by…
1Opinion of the Court
Watts, J. Com. App.
Upon the issue of limitations the court instructed the jury to find for certain of the appellees if they had been in possession of the land for three years when this suit was instituted; and refused to charge, at the request of appellant, that Evitts’ entry upon his survey disseized the appellees, except to the land they had inclosed.
Assuming that the Evitts patent is in law, as in fact, the older, and vests in him the superior title, which will be considered hereafter, then the charge as given did not announce correctly the legal principle involved.
“ It is well settled…
2Cases cited9 opinions
- Hunnicutt v. PeytonSupreme Court of the United States · 1880
- Whitehead v. FoleyTexas Supreme Court · 1858
- Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
- Whittington v. Doe ex dem. WrightSupreme Court of Georgia · 1850
- Cunningham v. FrandtzenTexas Supreme Court · 1861
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3Cited by61 opinions
- Ricks v. GrubbsTexas Supreme Court · 1948
- Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
- Turner v. MooreTexas Supreme Court · 1891
- Coleman v. WaddellTexas Supreme Court · 1952
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
56 more not listed; retrieve them via the Exa API.