Watkins v. Smith (91 Tex. 589, 1898)

GAINES, Chief Justice.

This was an action of trespass to try title, brought by the plaintiff in error against the defendants in error. It was tried without a jury, and judgment was rendered for the defendants. An appeal having been taken from the judgment and it having been affirmed by the Court of Civil Appeals, the plaintiff has brought the case to this court.

The petition is' in the statutory form of an action of trespass to try title, to which there was a plea of not guilty and a claim for improvements in good faith. The plaintiff also filed a pleading entitled a supplemental petition, in which he specially claimed title by the statute of limitations of ten years.

The trial judge filed his conclusions of law and fact, which with one exception were adopted by the Court of Civil Appeals. In our view of the matter, the finding which was not approved upon the appeal does not affect the disposition of the case, and hence the point of difference need not be stated.

As found by the court, the land in controversy is a part of the Haynes Crabtree survey, except a strip on its south side, about 40 varas Wide, which lies upon the Lofton Vess survey. The plaintiff claimed title under one S. G. Tomlinson, and exhibited a chain of title from Tomlinson to himself. In order to show title in Tomlinson, he introduced in evidence sundry deeds from parties claiming to be heirs of the original grantee of the certificate, but failed to make proof that they were such heirs. He also introduced in evidence a judgment in a suit brought for the land in controversy by certain parties who also sued as heirs of Crabtree, in which the premises sued for were adjudged to Tomlinson. But there