Portis v. Hill
Texas Supreme Court
— Appeal from Austin County. This suit was brought by the appellee against the appellants, in 1845, for the partition of certain lands. The plaintiff below claimed title to the undivided half of a grant of five leagues of land alleged to have been derived as follows.
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— Appeal from Austin County. This suit was brought by the appellee against the appellants, in 1845, for the partition of certain lands. The plaintiff below claimed title to the undivided half of a grant of five leagues of land alleged to have been derived as follows. The original grant is claimed to have been made by the Mexican government to James Cummings, on the 9th day of August, 1824; and it is alleged that the grantee, Cummings, spld and conveyed the undivided half of the land so granted to James E. B. Austin; that Austin subsequently married the plaintiff’s intestate, then Eliza M.…
1Opinion of the CourtJustice Wheelee
Mr. Justice Lipscomb not sitting.
The questions which it is deemed material to consider relate to the ruling of the court. 1st. In maintaining the exceptions to the several pleas of the statute of limitations. 2d. In refusing the several instructions asked by the defendants.
1. In maintaining the plaintiffs’ exceptions to the several pleas of the statute of limitations, the court appears to have acted *279’upon the supposition, either that to this action the statute of limitations does not apply, and cannot, therefore, be pleaded at all; or that it is not enough for the defendant to allege in…
2Cited by23 opinions
- Houston Oil Co. of Texas v. StepneyCourt of Appeals of Texas · 1916
- Houston Oil Co. of Texas v. JonesTexas Supreme Court · 1917
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
- Allen v. LongTexas Supreme Court · 1891
- Harris v. MayfieldTexas Commission of Appeals · 1924
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