Andrews v. Parker

Citations

• 48 Tex. 94

Syllabus

<p>1. Depositions.—Though the statute makes no provision for the delivery of a deposition by the officer before whom it is taken directly to the clerk of the court where the cause in which it is to be used is pending, the fact that a deposition is so returned constitutes no valid objection to its introduction in evidence.</p> <p>2. Trespass to try title.—See case for facts which authorize the action of trespass to try title against a tenant holding over.</p> <p>3. Charge of court.—When the plaintiff’s title, as alleged, consists of a number of facts establishing a continued possession and claim under a color of title, with defined boundaries, for ten years, it is not error for the court to enumerate in the charge the various facts thus alleged, and instruct the jury to find for the plaintiffs, if they had been proved. Such a charge is not liable to the objection of being a charge on the weight of evidence.</p> <p>4. Limitation.—See facts which authorize a recovery under the statute of limitations of ten years, by possession under color of title, with defined boundaries.</p>