Horton v. Halff

This was a suit in trespass to try title, involving the title to a tract of land covered by the field notes of a patent of what is known as the Murphy survey, and also covered in part by a patent of what is known as the Cobb survey. Appellee recovered upon his pleas of three and five years' limitation, and the decision is attacked upon the ground that, the Cobb survey being a junior patent to the Murphy survey, it could not constitute title or color of title under the three or five year statute of limitation to the land in conflict. The trial court concluded as a fact that the defendant is…