Legal Opinion · Dissent

Tarver v. Naman

Court of Appeals of Texas

Decided January 21, 1954No. 3141Published

1DissentTirey, Justice

I have examined very carefully all of the testimony tendered in this record and it is my view that appellant’s proof of possession *857of that part of Lot 13 that he seeks to hold by limitátion, beginning' with the end of the fence line and coming south to Cole Avenue, is deficient in that it is of such nature as will not permit the fixing of a boundary 'from the termination of the fence line to Cole Avenue under the applicable law of this state. No principle is better settled than the one that presumption cannot be indulged in favor of a limitation title, and further there is no description of…

2Cases cited13 opinions

  1. Ricks v. GrubbsTexas Supreme Court · 1948
  2. Coleman v. WaddellTexas Supreme Court · 1952
  3. McCall v. Grogan-Cochran Lumber Co.Texas Supreme Court · 1945
  4. Young v. City of LubbockCourt of Appeals of Texas · 1939
  5. Riddle v. VandiverCourt of Appeals of Texas · 1949

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