On Appellants’ Motion for Rehearing.
Appellants’ motion for rehearing questions this court’s original findings of fact in several particulars, among them one finding that their suit herein — as originally filed and prosecuted prior to their amended pleadings — was one in trespass to try title for the land here involved, but, as appellees’ reply to such motion reflects, they fail to refute such findings, especially the one as to the original character of their suit; while their original petition is not a part of the record, it conclusively otherwise shows that finding of this Court to have been correct; it is, therefore, reiterated.
In further answer to the appellants’ motion, appellees re-assert their original counter-proposition No. 1 to appellants’ claims, as follows: “The undisputed evidence showing that the appellees entered into possession of the property in controversy in the early part of 1923, and remaining in actual, physical possession adverse to the appellants and all other parties since that time, and a deed having been executed to appellee R. C. Smith and his wife, Julia Smith, and the jury having found on the issues of Five and Ten years possession in his favor, the appellants have no interest in the property in controversy, as any cause-of-action which they may have had arose on the date of the entry of R. C. Smith’s possession.”
Independently of the doctrine of laches, it is held that this proposition is sound, and, since the ten years’ possession and occupancy therein declared upon was affirmatively pled in answer to the appellants’ suit and supported not alone by the jury’s verdict but also by the undisputed evidence, that resulting situation alone entitled the appellees to the judgment rendered in their favor.
The motion for rehearing will accordingly be refused.
Refused.