Cook v. Dennis
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. E. E. Gaines. Trespass to try title brought against appellees April 1, 1873. Appellants claimed through a grant to John Taylor, October 12, 1835, by George W. Smythe, special commissioner, and by mesne conveyances under it. Appellees claimed separate portions of the land through several junior patents and mesne conveyances, and relied upon limitations of three, five and ten years. Verdict and judgment for appellees.
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Appeal from Lamar. Tried below before the Hon. E. E. Gaines. Trespass to try title brought against appellees April 1, 1873. Appellants claimed through a grant to John Taylor, October 12, 1835, by George W. Smythe, special commissioner, and by mesne conveyances under it. Appellees claimed separate portions of the land through several junior patents and mesne conveyances, and relied upon limitations of three, five and ten years. Verdict and judgment for appellees. The errors discussed are indicated in the opinion.
1Opinion of the Court
Watts, J. Com. App.—
Before the Devised Statutes took effect' the burden was upon the plaintiff not only to establish title to the land sought to be recovered, but also to show that the defendant was guilty of the alleged trespass; that is, that he was either in possession or else asserting a claim to the land. Evidently the object sought to be accomplished by the statutory provision referred to was, in cases where the defendant had answered to the merits, to relieve the plaintiff from showing the trespass. It was never intended that the plaintiff should be relieved of the burden of…
2Cases cited6 opinions
- Medlin v. WilkinsTexas Supreme Court · 1883
- Smith v. MontesTexas Supreme Court · 1853
- Shepherd v. WhiteTexas Supreme Court · 1854
- Porter v. ChronisterTexas Supreme Court · 1882
- Andrews v. SmithwickTexas Supreme Court · 1857
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3Cited by33 opinions
- Cobb v. RobertsonTexas Supreme Court · 1905
- Ayers v. WatsonSupreme Court of the United States · 1891
- Gulf, Colorado & Santa Fe Railway Co. v. RowlandTexas Supreme Court · 1897
- Harvey v. CummingsTexas Supreme Court · 1887
- Walker v. MaynardCourt of Appeals of Texas · 1930
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