Kirby Lumber Corp. v. Southern Lumber Co.

John H. Kirby was the common source of title to 160 acres of land in the George Clark Survey in Tyler County. John B. Lockhart, Sr., cultivated this- land, or at least a part thereof, for a sufficient period of time to raise the issue of title in him by limitation. After his death all his heirs, except his daughter Mattie Lockhart, and their grantees brought what is known as the Pederson suit against John H. Kirby to recover the land. They claimed title by limitation. In that case the jury found that John B. Lockhart, Sr., had had peaceable and adverse possession of the 160 acres of land for…