Garcia v. Palacios

I respectfully dissent from the majority’s findings of ‘no evidence’ to support the jury’s negative answers to the issues on adverse possession. On the contrary the record reflects an abundance of probative evidence which effectively contradicts appellant’s claim of adverse possession.

The established rule in this regard requires that the party seeking limitation title under TEX.REV.CIV.STAT.ANN. art. 5510 (Vernon 1958) must affirmatively show, by clear and satisfactory proof, the following: (1) peaceful and continuous possession, use and enjoyment of the disputed land for the statutory…