Gilbreath v. Yarbrough

MOORE, Justice.

This is an action in trespass to try title to a 3¾ acre tract of land in the C. Wells survey in Smith County. Appellant, Joe Gilbreath, owner of record title to the 3¾ acre tract, brought suit for title and possession against appellee, Willie Yarbrough, who owned a 1½ acre tract which adjoined the tract in controversy on the north and east sides thereof. Yarbrough answered the suit with a plea of not guilty and pleaded the ten-year statute of limitations (Article 5510, Vernon’s Ann.Texas Civil Statutes) as a bar to the action. During the course of the trial, Yarbrough…