Duren v. Strong
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. Suit in trespass to try title, brought by Adaline Strong, widow of Charles Strong, who died in the year 1870, devising to his wife all of his Texas lands. She alleged seizin and ouster by appellants, and also five years’ peaceable possession, etc. Appellants plead not guilty and the three and five years’ statutes of limitation.
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Appeal from Navarro. Tried below before the Hon. D. M. Prendergast. Suit in trespass to try title, brought by Adaline Strong, widow of Charles Strong, who died in the year 1870, devising to his wife all of his Texas lands. She alleged seizin and ouster by appellants, and also five years’ peaceable possession, etc. Appellants plead not guilty and the three and five years’ statutes of limitation. The facts were as follows: In the summer of 1854, Charles Strong, a citizen of the state of Georgia, came to Navarro county, Texas, and while there bought from Ethan Melton three hundred and eighty…
1Opinion of the Court
Gould, Associate Justice.
The case was tried by the court without a jury, and the record does not show what were the conclusions of fact or how arrived at by the court.
In our opinion the judgment rendered may be supported on the ground of the prior possession of appellee, whether that possession was under a deed duly registered within the meaning of the statute of limitations of five years or not. The effort of defendants to show color of title in themselves failed, by reason of the failure to identify the land conveyed in the title bond from Thomas Morrow to J. R. Melton with the *382land in…
2Cited by29 opinions
- Lorino v. Crawford Packing Co.Texas Supreme Court · 1943
- Land v. TurnerTexas Supreme Court · 1964
- House v. ReavisTexas Supreme Court · 1896
- Watkins v. SmithTexas Supreme Court · 1898
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
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