Adams v. Hayden
Texas Supreme Court
Appeal from Wilson. Tried below before the Hon. Everett Lewis. Trespass to try title brought by Sarah E. and O. E. Adams against Basil Hayden, L. Hayden, James W. Hayden, 0. B. Palmer and G-. P. Palmer, in the district court of Wilson county, for the recovery of six hundred and forty acres of land lying in that county. The defendants pleaded “not guilty,” and the statutes of limitations of three, five and ten years, with a suggestion of good faith and valuable improvements.
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Appeal from Wilson. Tried below before the Hon. Everett Lewis. Trespass to try title brought by Sarah E. and O. E. Adams against Basil Hayden, L. Hayden, James W. Hayden, 0. B. Palmer and G-. P. Palmer, in the district court of Wilson county, for the recovery of six hundred and forty acres of land lying in that county. The defendants pleaded “not guilty,” and the statutes of limitations of three, five and ten years, with a suggestion of good faith and valuable improvements. Verdict for the defendants, and judgment accordingly. On the trial, after the plaintiffs had closed their evidence and…
1Opinion of the Court
Walker, P. J. Com. App.
Among the several grounds assigned as error, the most controlling are the third and fourth assignments, as follows, viz.:
3d. The court erred in admitting oral evidence to show that the land in controversy was understood to be in Atascosa county before the running of the lines in 1874, whilst it was in Wilson county.
4th. The court erred in instructing the jury that the record of the deed in Atascosa county would support the five years’ statute of limitations, if it appeared from the evidence that the land in controversy was supposed to be in Atascosa at the date of the…
2Cases cited3 opinions
- Whitehead v. FoleyTexas Supreme Court · 1858
- Astor v. WellsSupreme Court of the United States · 1819
- Perrin v. ReedSupreme Court of Vermont · 1861
3Cited by6 opinions
- Jones v. PowersTexas Supreme Court · 1885
- Kothmann v. Genesis Tax Loan Services, Inc., Texas Court of Appeals, 7th District (Amarillo)2009
- Slaughter v. HightCourt of Appeals of Texas · 1922
- Huff v. StateCourt of Appeals of Texas · 1936
- Kody & Janet Kothmann and Kody Kothmann, Trustee v. Genesis Tax Loan Services, Inc. and M. Suzanne Frossard, Substitute Trustee, Texas Court of Appeals, 7th District (Amarillo)2009
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