Cantagrel v. Von Lupin
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Action of trespass to try title, instituted February 25, 1881, in the district court for Harris county, by the appellees, Anna Yon Lupin and her husband, Theodore Yon Lupin, and Charles Yon Zeuner, against the appellants, Cantagrel and Blau, to recover fifty-one and one-eighth acres of land situated in Harris county, near Houston, and the value of the rent.
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Appeal from Harris. Tried below before the Hon. James Masterson. Action of trespass to try title, instituted February 25, 1881, in the district court for Harris county, by the appellees, Anna Yon Lupin and her husband, Theodore Yon Lupin, and Charles Yon Zeuner, against the appellants, Cantagrel and Blau, to recover fifty-one and one-eighth acres of land situated in Harris county, near Houston, and the value of the rent. The petition prayed that, in the event it should be held that plaintiffs were not entitled to recover all the land, but were entitled to recover one-half of it, then judgment…
1Opinion of the Court
Delantt, J. Com. App.
We will consider only the questions arising out of the plea of the statute of limitations of five years which was interposed by appellants. The court below admitted all the evidence which wa’s offered under the plea, and as the judgment was in favor df the plaintiffs, the presiding judge must have thought the evidence insufficient.
The plaintiff Anna was twenty-one years of age in the year 1870, and she married in 1879. If the statute commenced to run against her when she became of age, it was not suspended by her subsequent marriage.
The plaintiff Charles attained his…
2Cases cited4 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Whitehead v. FoleyTexas Supreme Court · 1858
- Kilpatrick v. SisnerosTexas Supreme Court · 1859
- Gillespie v. JonesTexas Supreme Court · 1862
3Cited by34 opinions
- Houston Oil Co. of Texas v. Village Mills Co.Texas Commission of Appeals · 1922
- Turner v. MooreTexas Supreme Court · 1891
- Neal v. PickettTexas Commission of Appeals · 1926
- Dutton v. ThompsonTexas Supreme Court · 1892
- Village Mills Co. v. Houston Oil Co.Court of Appeals of Texas · 1916
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