Puckett v. McDaniel
Court of Appeals of Texas
Error from McLennan. Tried below before Hon. L. W. Goodrich. 1. Where plaintiffs claim as tenants in common, a plea of limitation by defendants can not be sustained unless their entry into possession was under claim of right inconsistent with the rights of the true owner, and the occupancy has been visible, distinct, notorious, and hostile to such rights, so as to oust the cotenant.
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Error from McLennan. Tried below before Hon. L. W. Goodrich. 1. Where plaintiffs claim as tenants in common, a plea of limitation by defendants can not be sustained unless their entry into possession was under claim of right inconsistent with the rights of the true owner, and the occupancy has been visible, distinct, notorious, and hostile to such rights, so as to oust the cotenant. Beall v. Evans, 20 S. W. Rep., 946; M’hoon v. Cain, 77 Texas, 316; 44 Texas, 373; 63 Texas, 186, 213; Norton v. Collins, 20 S. W. Rep., 1113. 2. Limitation will not run in favor of one holding land charged with a…
1Opinion of the Court
FISHER, Chief Justice.
Layton C. Puckett and Belle Hamilton, joined by her husband, sued the defendants in error in trespass to try title and for partition of 116 acres of land, plaintiffs in error claiming an undivided one-eighth interest in the land as heirs of their deceased father, Layton F. Puckett.
Defendant McDaniel filed disclaimer, and judgment was entered for plaintiffs. As against him defendant Bryce filed: (1) demurrer; (2) denial and plea of not guilty; (3) limitation of five years; (4) set out part claimed by McDaniel by metes and bounds, and the part claimed by himself by metes…
2Cases cited6 opinions
- De La Vega v. LeagueTexas Supreme Court · 1885
- Phillipson v. FlynnTexas Supreme Court · 1892
- Moody v. ButlerTexas Supreme Court · 1885
- Church v. WaggonerTexas Supreme Court · 1890
- Cryer v. AndrewsTexas Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Johns v. ScobieCalifornia Supreme Court · 1939
- May v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1919
- Jones v. SilerTexas Supreme Court · 1937
- Gibbs v. BarkleyTexas Commission of Appeals · 1922
- Republic Production Co. v. LeeTexas Supreme Court · 1938
18 more not listed; retrieve them via the Exa API.