Shepard v. Galveston, Houston & Henderson Railway Co.

GARRETT, Chief Justice.

This action was brought by the appellant on October 28,1882, in the District Court of Galveston County, in trespass to try title to recover of the appellee lots 507 and 508, section 1, on Galveston Island.

Defendant pleaded not guilty; and specially pleaded peaceable, open, adverse, notorious, and uninterrupted use and enjoyment of the easement of the right of way over said lots 100 feet in width for more than four, ten, and twenty years prior to the institution of this suit; also, that Allen, Poole & Co., while owners of the land sued for, and through whom plaintiff…