Horton v. Crawford
Texas Supreme Court
Appeal from Angelina. This was an action of trespass to try title. The plaintiff’s petition was in the usual form, and was filed in November, 1848. At the Spring Term, in 1849, the defendant, Thomas Crawford, filed a suggestion of adverse possession in good faith for two years previous to commencement of suit, having made valuable improvements, &c., and also the general issue of not guilty.
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Appeal from Angelina. This was an action of trespass to try title. The plaintiff’s petition was in the usual form, and was filed in November, 1848. At the Spring Term, in 1849, the defendant, Thomas Crawford, filed a suggestion of adverse possession in good faith for two years previous to commencement of suit, having made valuable improvements, &c., and also the general issue of not guilty. At the Fall Term, 1849, these pleas were repeated, together with a general denial and a general demurrer. At the Fall Term, 1851, the defendant pleaded that he had possession of a portion of the premises…
1Opinion of the Court
Hemphill, Ch. J.
The appellant has assigned various grounds of error, among which the two first are to the effect that the court erred in striking out the plea of the statute of limitations.
There are various other alleged errors, and some of them present interesting’ questions, but as this cause has been argued but'briefly by the appellant, anil was submitted without argument by the appellees, I shall discuss only the question raised by the rulings in regard to the plea of limitation and possession under the statute.
It may seem strange that this defense was not pleaded until some two years…
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