Green v. Vance

We approve the principal holding of the Court of Civil Appeals in this case, 311 S.W.2d 738, namely, that a logical distinction is not to be drawn between a holding over after the execution of a deed and a holding over after the rendition of a judgment which is either adversary in nature or by consent. In other words, the continued possession of land after the rendition of a judgment divesting the one in possession of title and vesting it in another is not adverse until notice of a hostile claim is brought to the prevailing patty as required by law.

An unqualified refusal of the application…