Tolman v. Overstreet

McKAY, Justice.

This is a trespass to try title case.

In 1953 Hiram and Lorene Fannin acquired by deed a 7.9 acre tract of land in Upshur County, Texas. Hiram Fannin was the father of appellant, Ester Faye Tolman, and the grandfather of appellee, Darla Ov-erstreet, the wife of appellee Sammy Over-street. In January of 1968, Sammy and Darla Overstreet moved into a house located on a portion of Hiram and Lorene Fan-nin’s property and have resided there since that date.

Lorene Fannin died on December 18, 1974. On February 5, 1975, Ester Faye Tolman, as the only surviving heir with the exception of…