Woodson v. Allen
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. W. D. Wood. M. A. R. Allen, as surviving widow and sole heir of Wm. S. Allen, brought trespass to try title in Houston county, March 29, 1879, against J. J. Woodson and others, for the recovery of the west half of the J. J. Thomas league. All the defendants who answered filed disclaimers, except Woodson, who pleaded not guilty, and limitation as to 750 acres of the west half described by metes and bounds.
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Appeal from Houston. Tried below before the Hon. W. D. Wood. M. A. R. Allen, as surviving widow and sole heir of Wm. S. Allen, brought trespass to try title in Houston county, March 29, 1879, against J. J. Woodson and others, for the recovery of the west half of the J. J. Thomas league. All the defendants who answered filed disclaimers, except Woodson, who pleaded not guilty, and limitation as to 750 acres of the west half described by metes and bounds. The court, a jury being waived, gave judgment for appellee for title and possession of the half league sued for. Appellant read in evidence a…
1Opinion of the Court
Moore, Chief Justice.
The first assignment of error is unworthy of serious consideration. The evidence offered by appellee was properly admissible, and in the absence of rebutting testimony warranted the verdict of the jury in her favor.
The second assignment, however, presents a question of more moment. Appellant relied for his defense, in addition to the plea of “not guilty,” upon the plea of the statute of hmitatións of five years, under a deed duly recorded. In support of this plea, after having proved all the other requisite facts as provided by the statute, he introduced and read in…
2Cited by4 opinions
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- Eastham v. GibbsCourt of Appeals of Texas · 1910
- Roberson v. Downing Co.Supreme Court of Georgia · 1904
- Allison v. Baird Development Co.Court of Appeals of Texas · 1927