McDow v. Rabb
Texas Supreme Court
, Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit ill trespass to try title by J. W. Rabb against Alex. McDow and E. L. Alford. The land in controversy was part of a survey of three leagues originally granted to William Rabb, the grandfather of plaintiff. This survey was in 1848 partitioned among the heirs of William Rabb. The land in controversy, about fifty acres, was a part of lot No. 43, and lies on the east side of Rabb’s creek.
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, Appeal from Fayette. Tried below before the Hon. L. W. Moore. Suit ill trespass to try title by J. W. Rabb against Alex. McDow and E. L. Alford. The land in controversy was part of a survey of three leagues originally granted to William Rabb, the grandfather of plaintiff. This survey was in 1848 partitioned among the heirs of William Rabb. The land in controversy, about fifty acres, was a part of lot No. 43, and lies on the east side of Rabb’s creek. John Rabb, a son of William and father of plaintiff, inherited a large part of this survey, including the land in controversy. John Rabb died…
1Opinion of the Court
Delany, J. Com. App.
In his charge the judge, after stating that the legal title was in the- plaintiff, proceeds as follows: “ Defendant shows no written muniment of title in A. E. Gates, but contends that such a deed should be presumed from long length of possession of the land, and the declarations of John Rabb. Possession, to justify such a presumption, must be actual and notorious for a period of more than ten years; the mere cutting of timber would not constitute such possession.” This is assigned as error, and we think correctly. The charge is perhaps not objectionable as an abstract…
2Cases cited8 opinions
- Wofford v. McKinnaTexas Supreme Court · 1859
- Whitehead v. FoleyTexas Supreme Court · 1858
- Charle v. SaffoldTexas Supreme Court · 1854
- Mayer v. RamseyTexas Supreme Court · 1876
- Stegall v. HuffTexas Supreme Court · 1881
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3Cited by25 opinions
- Tran v. MacHaTexas Supreme Court · 2006
- Lester v. HutsonCourt of Appeals of Texas · 1914
- Mooring & Lyon v. McBrideTexas Supreme Court · 1884
- Federal Crude Oil Co. v. Yount-Lee Oil Co.Court of Appeals of Texas · 1934
- Caver v. Liverman.Texas Supreme Court · 1945
20 more not listed; retrieve them via the Exa API.