Peyton v. Barton
Texas Supreme Court
Appeal from Falls. Tried below before the Hon. L. C. Alexander. Action of trespass to try title, brought by appellants Balie Peyton et al. against Henry Barton, appellee, and a number of other defendants. Henry Barton set up title in himself in severalty to a part of the land in controversy, and pleaded statute of limitation of three, five and ten years.
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Appeal from Falls. Tried below before the Hon. L. C. Alexander. Action of trespass to try title, brought by appellants Balie Peyton et al. against Henry Barton, appellee, and a number of other defendants. Henry Barton set up title in himself in severalty to a part of the land in controversy, and pleaded statute of limitation of three, five and ten years. Judgment was rendered by the court without the intervention of a jury, in favor of the plaintiffs against all of the defendants except Barton, and in his favor on his plea of the statute, and as to him, plaintiffs gave notice of appeal. In…
1Opinion of the Court
Bonner, Associate Justice.
The cases generally, in which it has been held that adverse possession under a junior title of part of a tract of land, will, by construction, be held to extend to the boundaries of the title, where there is not also actual possession under the elder title, were those in which there was a total conflict between the two claims.
Under such circumstances, the adverse occupant, who sought the bar of the statute, was in the actual possession of part of *303the land claimed by the other party, and who, consequently, was conclusively presumed to have had knowledge of the adverse…
2Cases cited6 opinions
- Whitehead v. FoleyTexas Supreme Court · 1858
- Fox v. HintonCourt of Appeals of Kentucky · 1817
- Trimble v. SmithCourt of Appeals of Kentucky · 1815
- Gillespie v. JonesTexas Supreme Court · 1862
- Jones v. MenardTexas Supreme Court · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Simonds v. Stanolind Oil & Gas Co.Texas Supreme Court · 1938
- Evitts v. RothTexas Supreme Court · 1884
- Turner v. MooreTexas Supreme Court · 1891
- Parker v. BainesTexas Supreme Court · 1886
- Kirby Lumber Corporation v. LindseyTexas Supreme Court · 1970
9 more not listed; retrieve them via the Exa API.