Thompson v. Texas Commerce Bank National Ass'n

EVANS, Justice.

This is an appeal from a take-nothing judgment entered in a trespass to try title action. The plaintiff’s claim of title is based solely upon adverse possession under the ten year statute of limitation. Article 5510, Tex.Rev.Civ.Stat.Ann.

Because the trial court granted the defendants’ motion for instructed verdict at the close of the plaintiff’s case, it cannot be presumed that the trial court made a factual determination of the issues, and this court’s review is limited to the question of whether the plaintiff offered any competent evidence in support of each element of his…