Craig v. Cartwright

Citations

• 65 Tex. 413
• 1886 Tex. LEXIS 681

Syllabus

<p>1. Trespass to try title—Petition—What a sufficient description of land sued for—A. 0. sued J. C. in trespass to try title, and described in the petition the land claimed by her as “ that certain tract of land, containing three thousand two hundred and fifty-six and one-eighth acres, part of a certain other tract of land known as the league granted to David Brown, colonist, situated in Jeiferson county, Texas, on the west bank of the Neches river, and more particularly described as follows : * * The petition then set forth the field notes of the entire league granted to David Brown, and averred that the plaintiff was the legal and equitable owner thereof, except about five hundred acres conveyed November 4, 1839, by David Brown to J. Hutchinson and wife ; ten acres conveyed, November 29, 1836, by Brown to E. McFaddin ; three hundred and twenty acres conveyed, July 30, 1840, by Brown to G. W. Tevis; fifty acres conveyed, March 2, 1847, by the sheriff of Jefferson county to F. W. Ogden ; two hundred acres conveyed, December 27,1856, twenty-three and a half acres conveyed, May 12, 1857, and twenty acres conveyed, October 4, 1859, by M. Cartwright to J. J. Herring ; and six lots in the town of Santa Anna conveyed, May 24, 1837, by David Brown to W. 0. McDaniel. The deeds conveying these several tracts excepted as above, were alleged to contain a description of the tracts, respectively, by metes and bounds, and to have been duly recorded in Jefferson county. Certified copies of these deeds were appended to the petition, as exhibits, and it was prayed that they might be taken as a part thereof. Held., that the petition, in connection with the papers therein referred to and made part of it, gave a sufficient description of the land sued for, and the court did not err in overruling demurrers raising that question.</p> <p>2. Limitation—Land—Trespasser—One who enters upon the land of another, without right, and erects houses and opens fields thereon, continuously occupying