Burleson v. Collins

• Decision Date: 03 January 1895
• Citation: 28 S.W. 898
• Parties: BURLESON v. COLLINS et al.<SMALL><SUP>1</SUP></SMALL>
• Court: Texas Court of Appeals

Page 898

28 S.W. 898

BURLESON v. COLLINS et al.¹

Court of Civil Appeals of Texas.

January 3, 1895.

Appeal from district court, Lampasas county; W. A. Blackburn, Judge.

Trespass to try title by J. H. Burleson against Kinchen Collins and others. Judgment for defendants, and plaintiff appeals. Affirmed.

This suit was an ordinary action of trespass to try title, brought by J. H. Burleson, claiming the land in controversy, as sole heir of John T. Burleson, deceased, against Kinchen Collins, Milam Collins, Lucien Collins, Cochran Collins, Charley Collins, Staten Collins, Emma E. Collins, S. B. Pier, as executor of K. Collins, deceased, J. A. Brown, and W. J. Brown. J. A. Brown and W. J. Brown filed their disclaimer, being tenants of the other defendants. The other defendants answered by general exception, general denial, plea of not guilty, and pleaded the statute of three, four, five, and ten years' limitation; it being alleged by defendants under their plea of four years' statute of limitation that plaintiff's suit was in fact and substance an action to set aside two certain deeds from John T. Burleson to A. B. Burleson upon the ground that John T. Burleson was a minor at the time of the alleged execution of said deeds. Defendants further pleaded estoppel against plaintiff, alleging that plaintiff was sole devisee of one John C. Burleson, and that plaintiff received from said John C. Burleson's estate the sum of $1,674.34 on March 20, 1880; that John C. Burleson, on May 13, 1876, in consideration of other property received from Martha Ann Burleson (his mother), said to be of the value of $8,000 or more, conveyed to Martha Ann Burleson, by warranty deed, the land in controversy, and that on April 18, 1877, Martha Ann Burleson conveyed said land to K. Collins, and that defendants, except Pier, claim said land as heirs of K. Collins, and Pier claims as executor of K. Collins. Defendants further pleaded improvements in good faith. Plaintiff, by first supplemental petition, excepted generally to said answer, and specially as to the joining of the action upon warranty of John C. Burleson in this suit, and denied generally and pleaded specially that defendants could not avail themselves of the different statutes of limitation pleaded for this: That John T. Burleson, the father of plaintiff, under whom plaintiff claims the premises in controversy as sole heir, was on July 31, 1858, prior to any adverse possession by defendants and those under whom they claim, a minor, under the age of 21 years, and continued so to be until in February, 1868; that on July 14, 1868, John T. Burleson departed this life, leaving plaintiff as his sole and only heir; that John T. Burleson, at the time of his death, was in peaceable possession of said premises, and that plaintiff at the time of the death of his father, John T. Burleson, was a minor, and continued to be until November 30, 1888. Plaintiff further alleged in his supplemental petition that the defendants, as it appears from their abstract of title, are claiming the land in controversy under an alleged deed from John T. Burleson to A. B. Burleson, bearing date January 19, 1867, which deed, plaintiff alleged, was never executed by John T. Burleson, the father of plaintiff, nor by his authority; and plaintiff alleged he had filed his affidavit...