The Laws of Texas, 1822-1897 Volume 2 Page: 312
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138
Laws of the Republic of Texas.
same lands, and the right of the defendant shall be thenceforth
finally settled and established against such plaintiff, his heirs and
assigns-excepting persons out of the limits of the Republic, who
shall be allowed two years, and feme coverts who shall be allowed
one year after discoverture, and persons under the age of twentyone
years, who shall be allowed one year after they come to full
age, to prosecute their second action in the manner above directed.
Sec. 8. Be it further enacted, That in any action of trespass to
try titles, it shall be lawful for the defendant, at any time before
the trial of said suit, to suggest to the court, that he and those persons
whose estate he has in the lands and tenements sued for, have
had adverse possession of the same in good faith, for at least one
year next before the commencement of such suit; and that he
and those persons whose estate he has, have made permanent and
valuable improvements on the lands sued for, during the time he
or they have had such possession of the same; and the jury trying
the suit, if they shall find for the plaintiff, shall at the same time,
euquire if the suggestion so made be true or false-if false, they
shall return a verdict as in ordinary cases, for the damages sustained-but
if true, they shall assess the value of the improvements
at the time of the trial which have been made by the defendant,
or by those whose estate he has, and shall assess the value of the
land or tenements without' considering the increased value thereof
by reason of such improvements, as shall have been made by said
defendant, or by those whose estate he has; and they shall also, assess
the value of the use and occupation of the said lands; and if
the value of the use and occupation as assessed shall exceed the
value of the improvements as assessed, the court shall render a
judgment against the defendants for the excess.
Sec. 9. Be. it further enacted, That in any suit where the
value of the improvements so assessed shall exceed the value of
the use and occupation, no writ of possession shall be issued for
the term of one year after the rendition of the judgment, unless
the plaintiff or his legal representatives shall pay to the clerk of
the court, for the defendant, the excess of the assessed value of the
improvements over the value of the use and occupation: and if
the said plaintiff, or his legal representatives, shall neglect, for the
term of one year, to pay the excess in value of said improvements,
and the said defendant, or his legal representatives, shall within
six months after the expiration of said year, pay to the clerk of
the court, for said plaintiff, the value of the lands or tenements as
assessed by the jury, then the plaintff shall be forever barred of(312)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/316/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .