Cahill v. Lyda

ON REMAND

POWERS, Justice.

Marjorie Cahill sued the record owners of a 15.332-acre tract of land to establish in herself a prescriptive title under the ten-year statute. Tex.Rev.Civ.Stat. § 1, art. 5510, at 1554 (1925) [since repealed, now codified as amended as Tex.Civ.Prac. & Rem.Code Ann. § 16.026 (1986 and Supp. 1991) j.1 The trial court concluded she did not establish the elements of her claim, and rendered judgment accordingly. In Cahill’s appeal, she brings two points of error: (1) that she established the necessary elements as a matter of law; and (2) that the trial court’s failure to…