Fowler v. Simpson
Texas Supreme Court
Appeal from Colorado. Tried below before Hon. Geo. McCormick. Fowler and Haynes sued Simpson for two tracts of laud of 640 acres each. Simpson pleaded not guilty and limitation of five years. The case was tried by the court without a jury. Plaintiffs recovered one-lialf interest in the land. Both parties appealed, and in their briefs each party attacks the judgment so far as ad verse to them.
1Opinion of the Court
HENRY, Associate Justice.
This was an action of trespass to try title.
The tract of land in controversy is composed of two contiguous surveys of 640 acres each, patented to Samuel Fowler.
The defendants pleaded not guilty and the statute of limitations of five years.
The cause was tried without a jury, and judgment was rendered’ for the plaintiffs for an undivided one-lialf interest in the land. Both parties perfected appeals and assign errors.
*614The court filed the following conclusions of fact: “ The court finds that the two tracts of 640 acres each were granted to one Samuel Fowler in July, 1841;…
2Cases cited4 opinions
- Withers v. PattersonTexas Supreme Court · 1864
- Treadway v. EastburnTexas Supreme Court · 1881
- Juneman v. FranklinTexas Supreme Court · 1887
- Flanagan v. PearsonTexas Supreme Court · 1884
3Cited by67 opinions
- Crawford v. McDonaldTexas Supreme Court · 1895
- Levy v. RoperTexas Supreme Court · 1923
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
- Martin v. Burns, Walker Co.Texas Supreme Court · 1891
- State Ex Rel. Barry v. ConnorTexas Supreme Court · 1893
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