1875.] ANN BERTA LODGE v. LEVERTON. 19
Opinion of the court.
T. T. ammage, for appellant.
Reagan, Greenwood & Gooch, for appellee.
MOORE, ASSOCIATE JUSTICE.--This suit was brought by
Mrs. Martha J. Leverton, the appellee, against the appellants,
in the usual form of an action of trespass to try title
to an undivided half of lot No. 4, in block No. 17, in the
town of Palestine, and also to have said lot partitioned between
herself and the defendants, who were admitted to
own the other undivided one half of the lot. The original
answer of the defendants consists merely of a general demurrer
and plea of not guilty.
During the progress of the case the defendants filed
amended answers, in which they set up several special
grounds of defense. All of them, however, were, on exceptions
of the plaintiff, held insufficient, and as presenting
no valid ground of defense to the plaintiff's action. But
notwithstanding this ruling of the court, it appears from
the bills of exceptions and statement of facts that all of these
defenses were on the trial relied upon under the plea of
not guilty. It is not therefore deemed important to give
the action of the court upon the exceptions to the special
answers of the defendants, and those upon the exceptions
taken to the admissibility of evidence, and the instructions
of the court to the jury given and refused, which present
substantially the same points, a distinct and critical separ*ate
All of the grounds of defense presented by the answers
of the defendants, or suggested by the rulings of the court
on exceptions to evidence or otherwise during the trial,
may be considered under one or the other of the following
1st. The plaintiff failed to show title under which she
should recover. 2d. Defendants themselves had the better
title. 3d. Though defendants did not have the better title,
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed January 30, 2015.