Custard v. Musgrove

Citations

• 47 Tex. 217

Syllabus

<p>1. Trespass to try title—Pleading.—Where a defendant, in trespass to try title, files a special plea, setting up title in himself, and setting out his title, lie is confined in his defense to the title set up by him, and in such case the general denial or plea of not guilty, which he may have also pleaded, is thereby waived. This rule, in practice, lias not been regarded as applicable to a plea by the defendant of title under the statute of limitations, which the statute requires shall be specially pleaded.</p> <p>2. Pleadings—Trespass to try title.—The rule that a defendant in trespass to try title, who pleads specially, setting up title to himself, will be confined in his defense to the title set up by him, is not changed by the fact that the special plea begins with a denial that plaintiff cx'er had any right or title to the land in controversy, for that xvonld only be, in effect, a repetition of the plea of general denial.</p>