McSween v. Yett

Citations

• 60 Tex. 183
• 1883 Tex. LEXIS 296

Syllabus

<p>1. Pleading in trespass to try title.—When the plea “not guilty” and a special plea (other than limitation) are filed, the plaintiff cannot himself rebut evidence admitted under the special plea, unless he has made allegations in pleading under which it would in other cases be admissible. In avoidance of evidence admissible under the general issue, he can submit testimony without such allegations.</p> <p>2. Same.— In trespass to try title, defendants, after pleading “ not guilty,” pleaded specially that the sheriff’s deed under which plaintiff claimed was void. On the trial the defendants showed a chain of title from thfe government to themselves. Held, that the plaintiff could show fraud in the acquisition of defendants’ apparent title, and this though plaintiff had not set up the fraud in his pleadings; the defendant having pleaded no tiling to render it necessary.</p>