Cobb v. Robertson

• Decision Date: 15 June 1905
• Citation: 87 S.W. 1148
• Parties: COBB et al. v. ROBERTSON et al.
• Court: Texas Supreme Court

87 S.W. 1148

COBB et al. v. ROBERTSON et al.

Supreme Court of Texas.

June 15, 1905.

On rehearing. Rehearing granted. Judgment rendered in accordance with the original opinion.

For former opinion, see 86 S. W. 746.

WILLIAMS, J.

The motion and argument accompanying it fail to convince us that we were wrong in holding that the evidence conclusively established the defense of 10-years' limitation against some of the plaintiffs. The defendants in error now ask that, if we adhere to the view expressed on this point in the original opinion, we render final judgment in accordance with that view. The record is so complicated and involved that in deciding the case originally we did not feel that it would be safe to attempt to ascertain the facts essential to such action without having heard the parties upon it. Those facts are now stated in the motion, with references to the record to verify the statement in such way as to enable us to comply with the suggestion, and put an end to the litigation. Agreements contained in the transcript and the findings of the trial court and of the Court of Civil Appeals establish all of the facts essential to a rendition of judgment, none of the findings having been found erroneous except that as to the defense of limitation under the 10-years statute.

From the statement given it is apparent that George P. Robertson, who is not affected by the defense sustained, owns an interest of 680/2016, and others of the plaintiffs, who were protected by disabilities, own interests as follows, viz.: Gertrude E. Vincent, Amanda J. England, and Elizabeth Flowers, 36/2016 each; E. Jane Robinson, Catharine Tumlinson, Josie De Moss and Isabella Hunter, 18/2016 each; Charles Moore, Sarah C. White, Nancy Grunewald, Telitha Collier, Cornelia Ratliff, Mary Blagg, and Fannie Lee own 4/2016 each; Etta Agee and Ardelia Shanks own 2/2016 each; John Pace, Otta Pace, Danna Bonner, and Zilla Bonner own 1/2016 each; Josephine Pierce owns 144/2016; Augusta M. Willard owns 12/2016; Octavia A. Bozarth owns 24/2016; Ellen O. Blackburn owns 8/2016—making a total of 1084/2016 of the land involved in this writ of error that the named plaintiffs are entitled to recover; and judgment will be rendered in their favor for that interest, and for a proportionate part of $325.30, adjudged to plaintiffs by the trial court for rents, and against the remaining plaintiffs that they take nothing as against plaintiffs in error C. C. Cobb and the Canadian & American Mortgage & Trust Company, Limited.

The defendants in error in their statement claim that Catharine Phillips is entitled to recover an interest, and it is true that she inherited a share of the land; but the record shows, and the courts below found, that she had conveyed it before the suit was brought. The facts with respect to this are that J. L. Stagner, Price Stagner, and Catharine Phillips inherited interests...