Riddle v. Bickerstaff

Citations

• 50 Tex. 155

Syllabus

<p>1. Evidence—Copies—Practice.—Where certified copies of recorded instruments have been admitted over objections, the record must show that said copies were filed and three days’ notice given. (Paschal’s Dig., art. 3716.) In absence of evidence in the record that the statute was complied with, such admission will be held error.</p> <p>2. Outstanding Title as defense.—It is error to instruct the jury, in an action of trespass to try title, that an outstanding superior title adverse to the plaintiff, to the land, or a title to the whole or part of the land in defendant, will defeat the right of plaintiff to recover, whether such title is vested in defendant or any other person. An outstanding title would defeat only to its extent.</p> <p>3. Limitation.—See facts discussed as applying to the statute of limitations, and not constituting a defense.</p> <p>4. Infants may sue, &c.—Limitation.—Under section 14 of article 12 of the Constitution of 18G9, minors had the right to sue for lands within seven years after the removal of the disability of minority.</p>