Linthicum v. March

We think there is error in the judgment of the District Court, in this cause, which will require a reversal of the same. Appellees brought this suit against the appellant, in trespass to try title, and the only answer filed by defendant was a general denial, and not guilty. Neither in his pleadings nor evidence, did he claim any title to the land in controversy, excepting by possession; and yet the plaintiffs below were permitted to prove up a claim for title, or rather deeds for title, in the defendant, back to Boss, a common vendor with themselves, so as to save the necessity of proving up…