Simonds v. Stanolind Oil & Gas Co.

Mr. Judge Smedley

of the Commission of Appeals, delivered the opinion for the Court.

The Court of Civil Appeals affirmed the judgment of the district court rendered pursuant to an instructed verdict in favor of defendants in error in the suit of plaintiffs in error for the recovery of an undivided one-half interest in a tract of land containing 110 acres in Gregg County. 103 S. W. (2d) 784. We agree with the statement in the opinion of the Court of Civil Appeals that the controlling question “is one of limitation under the five-year statute (Vernon’s Annotated Civil Statutes, Article 5509)…