Brownson v. Scanlan
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. Action of trespass to try title brought August 21, 1876, by J. M. Brownson, administrator of Robt. R. Barrow, deceased, against Lloyd Scanlan, Mrs. E. Spurlock and W. J. Rainwater, to recover the undivided two-thirds of a league of land, being the upper league of two leagues granted to Juan A. Padilla, on Brazos river, formerly in Austin county, now in Waller county.
Read the full summary
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. Action of trespass to try title brought August 21, 1876, by J. M. Brownson, administrator of Robt. R. Barrow, deceased, against Lloyd Scanlan, Mrs. E. Spurlock and W. J. Rainwater, to recover the undivided two-thirds of a league of land, being the upper league of two leagues granted to Juan A. Padilla, on Brazos river, formerly in Austin county, now in Waller county. The defendants pleaded not guilty, and limitation of three, five and ten years, and set up title in themselves to separate parcels of the land, to wit: Skannel’s…
1Opinion of the Court
Willie, Chief Justice. —
Unless the possession of the defendants -Rainwater and Skannel bring them within the provisions of the five years’ clause of the statute of limitation, the judgment rendered in their favor below is erroneous. They cannot claim the benefit of a three years’ possession under title or color of title, because one of the deeds through which they must trace such title back to the sovereignty of the soil was executed by a party who had previously parted with all his interest in the land by deed to another, and that deed ivas on record at the time of his making the second…
2Cases cited5 opinions
- Whitehead v. FoleyTexas Supreme Court · 1866
- Mitchell v. BurdettTexas Supreme Court · 1858
- Wells v. BarnettTexas Supreme Court · 1852
- Woodson v. AllenTexas Supreme Court · 1881
- Breedlove v. FletcherSupreme Court of Louisiana · 1820
3Cited by39 opinions
- Bracken v. JonesTexas Supreme Court · 1885
- Cobb v. RobertsonTexas Supreme Court · 1905
- Adams v. SlatteryTexas Supreme Court · 1956
- Frugia v. TrueheartCourt of Appeals of Texas · 1908
- Medlin v. WilkinsTexas Supreme Court · 1883
34 more not listed; retrieve them via the Exa API.