Spofford v. Bennet
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. A. S. Broaddus. Suit in trespass to try title, brought by P. N. Spofford against H. L. Bennett and others. The defendants pleaded “not guilty,” and the defenses of the three, five and ten years’ statutes of limitation. The plaintiff produced in evidence a colonial grant to Thomas Byrd, and a chain of title from the grantee down to himself.
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Appeal from Falls. Tried below before the Hon. A. S. Broaddus. Suit in trespass to try title, brought by P. N. Spofford against H. L. Bennett and others. The defendants pleaded “not guilty,” and the defenses of the three, five and ten years’ statutes of limitation. The plaintiff produced in evidence a colonial grant to Thomas Byrd, and a chain of title from the grantee down to himself. The defendants introduced a grant to one Basques, from the government, of older date; and a regular chain of title from the grantee down to the defendants was admitted by the plaintiff.. The plaintiff relied…
1Opinion of the Court
Walker, P. J. Com. App.
It is manifest from the statement of facts, the charge of the court, the instructions asked by the plaintiff, and the admissions of certain facts contained in the statement of facts, as well as from the errors assigned and the briefs and argument of counsel in this court, that this case was tried upon the concession that the defendants held and claimed title to the land in controversy under a chain of transfer to them under James Marlin. The charge of the court so treated it, the instructions asked implied it; and there is in the statement of facts evidence which seems…
2Cases cited6 opinions
- Whitehead v. FoleyTexas Supreme Court · 1866
- Cunningham v. FrandtzenTexas Supreme Court · 1861
- Pridgen v. HillTexas Supreme Court · 1854
- Davis v. LoftinTexas Supreme Court · 1851
- Miller v. BrownsonTexas Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wadsworth v. Western Union Telegraph Co.Tennessee Supreme Court · 1888
- Hoffman v. WhiteSupreme Court of Alabama · 1890
- Echols v. HubbardSupreme Court of Alabama · 1890
- Carlock v. WillardCourt of Appeals of Texas · 1912
- Morgan v. WhiteCourt of Appeals of Texas · 1908
1 more not listed; retrieve them via the Exa API.