Whited v. Mullins

PEDEN, Justice.

Appellee Mullins filed this suit in trespass-to try title to oust appellant Whited and remove all clouds from Mullins’ title to a tract of 180 acres. Whited answered by plea of not guilty and filed a counterclaim based on the ten year statute of limitations. The case was tried to the court without a jury and judgment entered in favor of the plaintiff, Mullins, reciting that Mullins had established record title into himself from the sovereignty of the soil.

The 180-acre tract consisted of two 40-acre tracts and one 100-acre tract. Appellant complains only of the trial court’s…