Shields v. Hunt

Citations

• 45 Tex. 424

Syllabus

<p>1. Trespass to try title — Not guilty. — A defendant, pleading specially his defenses in addition to the plea of “not guilty,” will be held to the defenses so pleaded, the plea of “ not guilty ” in such case being considered as only requiring plaintiff to malte out his case.</p> <p>2. Same — Practice.—It is not error to refuse permission to the defendant. after the trial has begun, to withdraw special defenses pleaded. Such action, if permitted, would change the effect of the plea of “not guilty.”</p> <p>3. Variance. — “ Coonrod Furnash” is not idem somans with Conrad Furinash.”</p> <p>4. Outstanding title — Equity.—An outstanding equity in the land sued for in trespass to try title cannot be pleaded in defense, unless a. connection by the defendant with such outstanding equity be shown.</p>