Echols v. McKie

Citations

• 60 Tex. 41
• 1883 Tex. LEXIS 256

Syllabus

<p>1. Trespass to try title — Pleading.—In trespass to try title, *an answer to • the merits admits for the purposes of the suit that the defendant is in possession of the land described in the petition, but cannot be construed into an admission that the land is included within the calls of the grant under which the plaintiff claims. Hence the latter fact must be established by evidence before the plaintiff can recover.</p> <p>2. Estoppel.—To constitute an estoppel, the act or statement must be shown to have had a direct influence upon the conduct of the party claiming its benefit; following Scoby v. Sweatt, 28 Tex., 731; Watson v. Hewitt, 45 Tex., 472, and Lewis v. Castleman, 27 Tex., 421.</p>