Capps v. Texas & Pacific Railway Co.

GARRETT, Chief Justice.

This action was brought in May, 1897, by Margie Capps, joined by her husband, M. F. Capps, against the Texas & Pacific Railway Company for the title and possession of a strip of land, described in the petition, occupied by the defendant, with its roadbed and used as a right of way. The land lies within the limits of and adjoining the town of Longview. The defendant pleaded not guilty and the acquisition of an easement over the land, to use it for the purposes of a right of way for their railway, by the statute of limitations of more than two, four, and ten years prior…