Ratliff v. Wakefield Iron & Coal Land Improvement Co.
Ratliff v. Wakefield Iron & Coal Land Improvement Co.
Opinion of the Court
This suit was instituted by ap-pellee against appellant in the ordinary form of trespass to try title, to recover 115 acres of land in Llano county out of the Samuel Craft league and labor survey, and for $50 per annum rent therefor since the 1st of January, 1904. Appellee also relied upon the several statutes of limitation, which were specifically pleaded. Appellant pleaded not guilty, as well as the three and five year statutes of limitation, which last defenses, however, were abandoned. Both appellee and appellant proved a complete chain of title from the sovereignty of the soil down to themselves, appellant’s emanating from the patentee anterior to that of appellee. The evidence raised the following issues, which were submitted to the jury: (i) That there was no conflict, but that plaintiff’s west line and appellant’s east line were identical, as shown by the plats in evidence; (2) that the appellant acquiesced in said line as the true division line between the lands- of himself and appellee; (3) that the former owners of appellant’s tracts recognized said line as being the true east boundary of their lands, and acquiesced in same, during which time appellee purchased and paid for the land in controversy, whereby appellant is estopped from denying same; (4) that plaintiff had title by virtue of the three, five, and ten years statutes of limitation — and there, was evh dence supporting these issues, especially the last. A jury trial resulted in a verdict and judgment in behalf of appellee for the title and possession of the land sued for, together with $148.75, as rent therefor, from which this appeal is prosecuted.
“A strip out of the Samuel Craft league survey No. 216, lying west of and adjoining the Hardy King survey, containing 115 acres.”
These leases were offered in connection with and as tending to support appellee’s plea of limitation. This description, we think, was insufficient, and the objection should have been sustained; but, in our opinion, there was no reversible error in failing to do so for the reason that there was parol evidence offered, without objection, showing that plaintiff’s lessees occupied and used the identical land sued for under and by virtue of these leases for more than 10 years prior to appellant’s claim thereto, so that, irrespective of the leases, there was competent evidence upon which the jury could have predicated their verdict in appellee’s favor. This being true, he was not injured by the failure of the court to exclude said instruments, and the error was harmless. See Sockwell v. Sockwell, 166 S. W. 1188, 1190; Whtson v. Rice, 166 S. W. 106, 107; Corrigan et al. v. Heubler, 167 S. W. 159; Scott v. Townsend, 159 S. W. 342; rule 62a, Courts of Civil Appeals (149 S. W. x).
“If you find that plaintiff has had peacable and adverse possession of the land described in his petition for 10 years next before the defendant’s entry thereon, then if you so find, you will find for the plaintiff”
—without instructing the jury further that the peaceable and adverse possession thereof meant that the plaintiff must have'been cultivating, using, or enjoying said land. This being an error of omission merely, it was incumbent upon appellant to ask a special charge supplementing it, and his failure to do so renders the error harmless. We, therefore, overrule this assignment.
Finding no reversible error in the proceedings of the trial court, its judgment is affirmed.
Affirmed.
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