Montague County v. Meadows

STEPHENS, Associate Justice.

This is the second appeal by Montague County in this case. 42 S. W. Rep., 326. On the last trial the court instructed the jury to return a verdict, for appellee. It therefore becomes necessary to consider, not the sufficiency of the evidence to warrant the verdict, but whether it raised any controverted issue of fact material to the defenses interposed by appellant, which were, besides the general denial, a title in her superior in equity to the mortgage lien which appellee sought to foreclose on the land in controversy, and limitation of four, five, and ten years.

T…