Legal Opinion

Daugherty v. Manning

Court of Appeals of Texas

Decided April 7, 1920No. 6378Published

Appeal from District Court, Travis County; Ireland. Graves, Judge. Suit by Mrs. Rebecca M. Manning against Mrs. Emma Johnson and others, in which the defendant named filed a cross-action against W. J. Daugherty and others. From a judgment against him, Daugherty appeals.

1Opinion of the CourtCobbs, J.

The plaintiff, Mrs. Maiming, sued the defendant Mrs., Emma Johnson, T. S. Henderson, and E. D. Tompkins for the title and possession of the 122 acres of land herein referred to. Tho petition is in the ordinary form of trespass to try title, and the prayer is for title and possession and for damages for the use of the land.

The answer of the defendant, Mrs. Emma Johnson, consisted of a plea of not guilty, a plea of title by limitation under the three, five, and ten year statute, and a plea that, by reason of the construction of a fence, acquiescence in the fence as the boundary line, etc., the…

2Cases cited39 opinions

  1. Dunn v. TaylorTexas Supreme Court · 1908
  2. Rosenborough v. CookTexas Supreme Court · 1917
  3. Cobb v. RobertsonTexas Supreme Court · 1905
  4. Burnett v. AtteberryTexas Supreme Court · 1912
  5. Simonton v. WhiteTexas Supreme Court · 1899

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