Shields v. Hunt
Texas Supreme Court
Appeal from Cooke. Tried below before the Hon. J. A. Carroll, special judge. E. B. Hunt brought an action of trespass to try title against William Shields et al. for one third of a league of land, patented to Conrad Furinash, and sold by the heirs of the patentee to plaintiff.
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Appeal from Cooke. Tried below before the Hon. J. A. Carroll, special judge. E. B. Hunt brought an action of trespass to try title against William Shields et al. for one third of a league of land, patented to Conrad Furinash, and sold by the heirs of the patentee to plaintiff. The defendant pleaded “ not guilty,” and by amendment pleaded as an outstanding title a bond executed by Conrad Furinash to Aaron Colvin for title so soon as a patent should be obtained for land upon certificate in his name, the bond bearing date February 26, 1840. On the trial plaintiff read the patent to Conrad…
1Opinion of the Court
Moore, Associate Justice.
It has, at least ever since the decision of this court in the case of Rivers v. Foote, 11 Tex., 662, been, we believe, the recognized rule of pleading and practice in actions of trespass to try title, that when the defendant pleads “ not guilty,” and also pleads specially, the effect of the plea of “not guilty ” is merely to impose on the plaintiff the necessity of establishing his title; and, as a consequence, the defendant is limited in his defense to his special defenses, upon which, by Ms pleas, he has notified the plaintiff he intends to rely. The precise point…
2Cases cited4 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Rivers v. FooteTexas Supreme Court · 1854
- Wright v. ThompsonTexas Supreme Court · 1855
- Powell v. DavisTexas Supreme Court · 1857
3Cited by47 opinions
- Philipowski v. SpencerTexas Supreme Court · 1885
- Fitch v. BoyerTexas Supreme Court · 1879
- Cooke v. AverySupreme Court of the United States · 1893
- Cavin v. HillTexas Supreme Court · 1892
- Gullett v. O'ConnorTexas Supreme Court · 1881
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