Echols v. McKie
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. Trespass to try title, brought by E. D. McKie et al. against appellants. Plaintiffs claimed that the land was embraced in the Eachael Leach grant, and derived title from Jacob Elliot, deceased, McKie suing as his executor, and the others as his legatees. The appellants claimed under the Everett grant, and answered by a special plea of estoppel, not guilty, and suggestion of improvements.
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Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. Trespass to try title, brought by E. D. McKie et al. against appellants. Plaintiffs claimed that the land was embraced in the Eachael Leach grant, and derived title from Jacob Elliot, deceased, McKie suing as his executor, and the others as his legatees. The appellants claimed under the Everett grant, and answered by a special plea of estoppel, not guilty, and suggestion of improvements. Exceptions were sustained to the plea of estoppel, and appellants filed a trial amendment reasserting the facts claimed to constitute the…
1Opinion of the Court
Watts, J. Com. App.
In their trial amendment appellants denied that the land described in appellees’ petition was embraced in the Rachael Leach league, under which appellees claimed. This denial presented the issue of fact for determination, with the burden upon appellees to establish their claim. If the exceptions to that amendment which were sustained disposed of that part of the answer, *42then the court erred to that extent in the ruling. The provision of the Revised Statutes to the effect that the plea of “ not guilty,” or any other answer to the merits, shall be taken as an admission of the…
2Cases cited3 opinions
- Scoby v. SweattTexas Supreme Court · 1866
- Watson v. HewittTexas Supreme Court · 1876
- Lewis v. CastlemanTexas Supreme Court · 1864
3Cited by7 opinions
- Bynum v. PrestonTexas Supreme Court · 1887
- Jones v. AndrewsTexas Supreme Court · 1884
- Johns v. HardinTexas Supreme Court · 1891
- Holland v. ThompsonCourt of Appeals of Texas · 1896
- Stanolind Oil & Gas Co. v. Midas Oil Co.Court of Appeals of Texas · 1943
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