McNamara v. Meunsch

Citations

• 66 Tex. 68
• 17 S.W. 397
• 1886 Tex. LEXIS 444

Syllabus

<p>1. Trespass to try title—Burden of proof—When the defendant, in an action of trespass to try title, asserts title to any part of the land claimed by plaintiff, or relies upon the plea of “ not guilty,” it is necessary for the plaintiff to show that his title extends to the land claimed in his pleadings ; and, having done this, he is entitled to a judgment, unless superior title in the defendant in some way be shown.</p> <p>2. Same—It is incumbent upon the defendant to prove such facts as may exist which will disprove the evidence of title offered by the plaintiff. Deeds being offered by the plaintiff, which apparently convey to him the land claimed in his petition, he is entitled to judgment in the absence of proof by the defendant.</p>