Legal Opinion

Hurley v. Lockett

Texas Supreme Court

Decided December 11, 1888No. 6135PublishedCited by 21 opinions

Appeal from Johnson. Tried below before Hon. J. M. Hall. This is an appeal from a judgment based upon a title acquired by the ten years statute of limitations. Suit was filed June 21, 1883. The plaintiffs, who are appellees, to make out the ten years adverse possession sought to tack their possession to that of their vendor. It is shown that in 1863 Samuel Nelson planted a hedge upon what he considered the west line of his land.

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Appeal from Johnson. Tried below before Hon. J. M. Hall. This is an appeal from a judgment based upon a title acquired by the ten years statute of limitations. Suit was filed June 21, 1883. The plaintiffs, who are appellees, to make out the ten years adverse possession sought to tack their possession to that of their vendor. It is shown that in 1863 Samuel Nelson planted a hedge upon what he considered the west line of his land. Possession was held by Nelson up to the hedge-until his death in 1871, and subsequently by Banks, his administrator. At administrator’s sale by Banks the plaintiff…

1Opinion of the Court

Hobby, Judge.

This suit was brought to recover about two acres of land situated along and contiguous to the eastern boundary line of the R. Campbell survey and the western boundary line of the I. B. Sessions survey, these lines being coincident, the latter survey being junior to and calling for the former. The land in controversy is the lower or southern portion of a narrow strip of land situated as above described.

The suit was instituted on the 21st day of June, 1883, by Mrs. M. S. Lockett, joined by her husband Solomon Lockett, against W. J. Hurley. The petition alleges ownership in Mrs.…

2Cases cited2 opinions

  1. Satterwhite v. RosserTexas Supreme Court · 1884
  2. Carter v. Town of La GrangeTexas Supreme Court · 1884

3Cited by21 opinions

  1. Pearson v. DohertyTexas Supreme Court · 1944
  2. Cobb v. RobertsonTexas Supreme Court · 1905
  3. Texas & New Orleans Railroad v. SpeightsTexas Supreme Court · 1901
  4. Houston Oil Co. of Texas v. NilesTexas Commission of Appeals · 1923
  5. Burrell v. AdamsTexas Supreme Court · 1911

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