McLellan v. Brown

• MOURSUND, J.

The issue as made by the pleadings on which a trial was had was whether the appellees owned a certain tract of 266 acres of land in Hidalgo county, either by record title or by limitation under the ten-year statute. We have thus stated the issue for the reason that appellees were plaintiffs. The defendant, in addition to putting the plaintiffs on proof of their title, affirmatively pleaded estoppel, and by cross-action sought to recover by virtue of a purchase of such land by him from the state in 1909.

The trial resulted in a judgment in favor of plaintiffs for the land and for…