McSween v. Yett

Willie, Chief Justice.

Our Revised Statutes provide that, in an action of trespass to t^r title, the defendant may, under the plea of “ not guilty,” give in evidence any lawful defense except the statute of limitations, which shall be specially pleaded. Art. 4793. This is no more than a re-enactment of the law as it had previously existed by virtue of statutes and decisions of the supreme court interpreting them Rivers v. Foote, 11 Tex., 671; Hannay v. Thompson, 14 Tex., 142.

*184Under these previous enactments, the supreme court had held that if, in addition to the plea of “ not guilty,” a…