Galveston, Harrisburg & San Antonio Railway Co. v. Stockton

WILLIAMS, Associate Justice.

Appellee, in the statement of his cause of action in the court below, stated that the land, for the burning of the grass and injury to turf upon which he sues, was owned by him. He proved on the trial that he had been in possession of the land for ten or twelve years, and, standing alone, this might have been prima facie evidence of ownership which would have authorized him to recover. He was himself introduced upon the stand, however, and testified: “The land, damage to which is sued for by me, was not, at the time of the fire, owned by me. It belonged to my…