Calfee v. Duke

REAVLEY, Justice.

The only remaining issue in this trespass to try title suit is whether the evidence raises a fact issue of the possessor’s claim of right to mature his limitation title under the ten yéar statute. The trial court after a non-jury trial rendered judgment in favor of the adverse possessor, J. H. (Dick) Cal-fee. The Court of Civil Appeals held that, by his own testimony, Calfee conclusively established that his claim to the disputed land was not “adverse” under the ten year statute; the trial court’s judgment was therefore reversed and rendition of judg ment was ordered in favor…