Legal Opinion

Mathis v. Pelphrey

Court of Appeals of Texas

Decided November 7, 1968No. 4742Published

1Opinion of the Court

OPINION

WILSON, Justice.

Appellee Pelphrey brought an action against appellant and three other defendants for title and possession of conveyor equipment. The other three defendants disclaimed, and after a non-jury trial judgment was rendered for plaintiff against appellant for title and possession. No separate findings were requested or filed.

The sole questions in the case are (1) whether the evidence sustains implied findings that such adverse use and claim was made of the equipment as to give rise to a cause of action more than two years before institution of suit, so as to bar the action by…

2Cases cited3 opinions

  1. Bednarz v. StateTexas Supreme Court · 1943
  2. Republic Supply Company v. French Oil CompanyCourt of Appeals of Texas · 1965
  3. Aut-O-Cel Co. v. Houston Plastic Products, Inc.Court of Appeals of Texas · 1967

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