HORROCKS v. HORROCKS

No. 20399.

608 S.W.2d 733 (1980)

H. N. HORROCKS, Appellant, v. Billy Jack HORROCKS and Jim Horrocks, Appellees.

Court of Civil Appeals of Texas, Dallas.

October 10, 1980.


Attorney(s) appearing for the Case

Robert L. Scott, Crouch & Scott, Greenville, for appellant.

Harold F. Curtis, Jr., Curtis & Fugitt, Greenville, for appellees.

Before AKIN, CARVER and STOREY, JJ.


AKIN, Justice.

This is an appeal by defendant from an adverse summary judgment in a partition suit between cotenants. Defendant H. N. Horrocks asserted that he had acquired title to the entire fee by adverse possession under both the ten (10) year and twenty-five (25) year statutes of limitations. Because the defense of adverse possession by limitations is an affirmative defense, the defendant had the burden of raising a fact issue with respect to this defense. This...

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