Citations
- 3 Tex. 273
Full opinion text
Mr. Justice Wheelee,
after stating the facts of the case, delivered the opinion of the court,
Mr. Justice Lipscomb not sitting.
The questions which it is deemed material to consider relate to the ruling of the court. 1st. In maintaining the exceptions to the several pleas of the statute of limitations. 2d. In refusing the several instructions asked by the defendants.
1. In maintaining the plaintiffs’ exceptions to the several pleas of the statute of limitations, the court appears to have acted ’upon the supposition, either that to this action the statute of limitations does not apply, and cannot, therefore, be pleaded at all; or that it is not enough for the defendant to allege in himself an adverse possession maintained during the period limited by the statute, but he must state in his plea the acts and •circumstances which constitute the evidence of such possession. Neither supposition, however, is well founded in law. There is no case in which a private individual will not be barred by