Shepard v. Heirs of Cummings

Citations

• 44 Tex. 502

Syllabus

<p>1. Trespass to try title—Pleading.—Where the leading object of an action is to recover land, the additional allegation of the adverse claim being a cloud upon plaintiff’s title will not change the character of the action from trespass to try title.</p> <p>2. Laches—Limitation.—A petition alleging title and possession in plaintiff in land, and an entry thereon by defendant within the shortest period of limitation, is good, and a demurrer suggesting laches should not prevail, although it be alleged that a deed lost many years before forms part of the chain of title.</p> <p>3. Lost deed.—While a suit to supply evidence of a lost deed, and to perpetuate testimony, would be subject to the plea of laches if not' brought within a reasonable time after such loss, still the right to sue' for the land and establish the title through said lost deeds would only be barred by statutes of limitation barring recovery of the land.</p>