Attebury v. Tanner

WILSON, Justice.

The sole question in this non-jury trespass to try title case, as presented by appellant, is whether appellee’s admitted adverse possession under Art. 5510, Vernon’s Ann.Tex.St., before issuance of a patent, is effective against the patentees and claimants under them.

The following facts are stipulated, or constitute unchallenged findings: The patent to the land in question was issued in 1958 to Mr. and Mrs. Koerner, assignees. It recited the land was bought and fully paid for on the application of W. T. Pottinger .filed in the General Land Office in 1897, under the laws…