Legal Opinion

Moody v. Holcomb

Texas Supreme Court

Decided July 1, 1863PublishedCited by 23 opinions

Error from Upshur. Tried below before the Hon. C. A. Frazer. The plaintiff, Ayers Moody, brought suit against B. L. and Eugenia Holcombe, to quiet possession and to remove clouds from his title to six hundred and forty acres of land situated in Upshur county, alleging that “ about nineteen years before the commencement of this suit, he settled upon a tract of land containing six hundred and forty acres of land”—then sets out carefully the field notes thereof.

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Error from Upshur. Tried below before the Hon. C. A. Frazer. The plaintiff, Ayers Moody, brought suit against B. L. and Eugenia Holcombe, to quiet possession and to remove clouds from his title to six hundred and forty acres of land situated in Upshur county, alleging that “ about nineteen years before the commencement of this suit, he settled upon a tract of land containing six hundred and forty acres of land”—then sets out carefully the field notes thereof. “ That after he had settled upon said land as aforesaid, one Wm. King filed his headriglit certificate for one league of land upon land…

1Opinion of the Court

Moore, Jf.

It must he held, under the authority of the case of Smith v. Montes, 11 Tex., 24, that the court erred in sustaining defendants’ exceptions to the plaintiff's petition. In that case, it is said that a party who has held adverse possession of lands for the period prescribed by the statute of limitations, may maintain an action, founded on the title acquired thereby, to be quieted in the possession and to remove clouds from his title thus acquired.We see no reason to question the soundness of - this decision. The seventeenth section of the statute of limitations, in express terms,…

2Cases cited1 opinion

  1. Smith v. MontesTexas Supreme Court · 1853

3Cited by23 opinions

  1. Stanolind Oil & Gas Co. v. StateTexas Supreme Court · 1939
  2. Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
  3. Grigsby v. PeakTexas Supreme Court · 1882
  4. Bexar Building & Loan Ass'n v. RobinsonTexas Supreme Court · 1890
  5. Echols v. HubbardSupreme Court of Alabama · 1890

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