Bridges v. Cundiff

Citations

• 45 Tex. 440

Syllabus

<p>1. Trespass to try title — Pleadings—Partition.—In a suit of trespass to try title, the petition being endorsed as usual, it is sufficient to aver that plaintiffs are the legal and rightful owners of an equal undivided tract of the land described; that on a certain day, giving the date they were seized and possessed of said land; and that on said day the defendant set up some claim thereto disturbing their possession, and keeping them from that time from the possession thereof; the prayer being for judgment for the possession, the removal of the cloud cast by defendant’s claim, the partition of their interest, quieting of their title, for costs and general relief.</p> <p>2. Same. — The practice of adding to a petition to try title, a prayer in appropriate cases for partition, is in harmony with our system of pleading and practice. ■</p> <p>3. Same — Evidence.—In trespass to try title, where plaintiff's in their pleadings do not set out tfie commencement or derivation of their title, it is error to exclude evidence of heirship, otherwise admissible, on the ground that there was no allegation of heirship in the pleadings. It would be different if plaintiffs had undertaken to specifically set out their title and had failed to aver heirship.</p>