Willis v. Ferguson

Roberts, Chief Justice.

This was an action of trespass to try title to three hundred acres of land—the Peel tract— brought by appellants against appellee on the 23d of March, 1873. The petition was in ordinary form, and the appellee filed a plea of not guilty. Under the issue thus formed, the title relied on by each party is presented in the evidence offered upon the trial.

The court, in the charge, held the plaintiffs’ evidence of title insufficient, excluded from the jury the defendant’s evidence of title, and, upon the admitted fact of defendant’s possession of the land when the suit was…