Hughes v. Lane
Texas Supreme Court
Appeal from Cass. Tried below before tbe Hon. W. S. Todd. This was an action of trespass to try title, brought by David Lane against Reece Hughes, for a tract of land; it being tbe second suit brought by the plaintiff against the defendant for the same land. The first suit was filed in August, 1847, and at the March term of tbe District Court, on demurrer and special exceptions to the petition, judgment was rendered for the defendant.
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Appeal from Cass. Tried below before tbe Hon. W. S. Todd. This was an action of trespass to try title, brought by David Lane against Reece Hughes, for a tract of land; it being tbe second suit brought by the plaintiff against the defendant for the same land. The first suit was filed in August, 1847, and at the March term of tbe District Court, on demurrer and special exceptions to the petition, judgment was rendered for the defendant. In the Supreme Court, the judgment was affirmed in May, 1854, without reference to the merits, on the transcript of the record filed by Hughes the appellee, the…
1Opinion of the CourtWheeler, C. J.
The defence mainly relied on was the statute of limitations. Tim plaintiff relies on two grounds as an answer to this defence. He insists, first, that his case is within the exception to the running of the statute in favor of alien heirs; and, secondly, that the running of the statute was interrupted by the former suit, brought in 1847. The court sustained the ease of the plaintiff upon both grounds; and the question to be determined is whether these rulings of the court were correct.
Upon the first point we are of opinion that the evidence was not sufficient to warrant the court in applying…
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