Andrews v. Marshall
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. It. E. B. Baylor. This suit was originally instituted on the 30th. of December, 1852, by H. B. Andrews and Charles .D. Sayre against some twenty several defendants, to try the title to and recover possession of eleven leagues of land in Bell county, originally conceded by the State of Coahuila and Texas to Maximo Moreno, under whom Andrews and Sayre derived title to an undivided half interest..
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Appeal from Bell. Tried below before the Hon. It. E. B. Baylor. This suit was originally instituted on the 30th. of December, 1852, by H. B. Andrews and Charles .D. Sayre against some twenty several defendants, to try the title to and recover possession of eleven leagues of land in Bell county, originally conceded by the State of Coahuila and Texas to Maximo Moreno, under whom Andrews and Sayre derived title to an undivided half interest.. In December, 1856, Piety Hadley and her husband, T. B. J. Hadley, and Benjamin J. Smith, intervened in 'the suit, setting up title to the other undivided…
1Opinion of the Court
Wheeler, 0. J.
The appeal of the plaintiffs, Andrews and Sayre, brings in question the rulings of the court and the finding of the jury on the defence of the statute of limitations. To make out this defence, it devolved on the defendant to show an adverse possession of the league of land in controversy, after his return to the neighborhood and settlement upon his labor in 1845. His settlement upon the league in 1835, which was relinquished in less than a year thereafter, could not avail him anything in any view of the law, unless he afterwards resumed the possession of the league. On his…
2Cases cited1 opinion
- York's Adm'r v. Gregg's Adm'xTexas Supreme Court · 1852
3Cited by12 opinions
- Richey v. MillerTexas Supreme Court · 1944
- De Las Fuentes v. McDonaldTexas Supreme Court · 1892
- Chapman v. KelloggTexas Commission of Appeals · 1923
- Williams v. CongerSupreme Court of the United States · 1888
- Houston v. BlytheTexas Supreme Court · 1883
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