Simonds v. Stanolind Oil & Gas Co.

SMEDLEY, Commissioner.

The Court of Civil Appeals affirmed the judgment of the district court rendered pursuant to an instructed verdict in favor *229of defendants in error in the suit of plaintiffs in error for the recovery of an undivided one-half interest in a tract of land containing 110 acres in Gregg county. 103 S.W.2d 784, 786. We agree with the statement in the opinion of the Court of Civil Appeals that the controlling question “is one of limitation under the five-year statute (Vernon's Ann.Civ.St. art. 5509), during the period from and including the year 1923 to and including the year…