Smith v. Wood
Court of Appeals of Texas
Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Trespass to try title by J. D. Smith against Grover Wood. From judgment for defendant, plaintiff appeals. Reversed, and cause remanded for new trial.
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Appeal from District Court, Van Zandt County; Joel R. Bond, Judge. Trespass to try title by J. D. Smith against Grover Wood. From judgment for defendant, plaintiff appeals. Reversed, and cause remanded for new trial. According to the allegations in Ms petition filed August 4, 1919, appellant’s suit against appellee was to try the title to 101% acres of the John Glover survey in Van Zandt county; but as tried it was to recover 15 of the 101% acres, which appellee claimed to own by force of the statute of limitations of ten years. The trial was to the court without a jury, and he found the…
1Opinion of the Court
WILUSON, O. J.
(after stating the facts as above). [1] While the trial court found that appellee and those under whom he claimed cleared and fenced the 15 acres and had “continuous, peaceable, adverse, and uninterrupted possession” thereof for more than ten years before this suit was commenced, he did not find that they either cultivated, used, or enjoyed it (luring that time. Therefore the finding cannot be said to have been a sufficient support for his conclusion that ap-pellee acquired title to the 15 acres by force of the ten years’ statute of -limitations. Vernon’s Stat. art. 5675; Dunn…
2Cases cited14 opinions
- Dunn v. TaylorTexas Supreme Court · 1908
- Niday, Guardian v. CochranCourt of Appeals of Texas · 1906
- Jesse French Piano & Organ Co. v. ThomasCourt of Appeals of Texas · 1904
- Herring v. SwainTexas Supreme Court · 1892
- Buster v. WarrenCourt of Appeals of Texas · 1904
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3Cited by7 opinions
- Scott v. RodgersTexas Commission of Appeals · 1928
- Green v. City of San AntonioCourt of Appeals of Texas · 1955
- Swindall v. Van School Dist. No. 53Court of Appeals of Texas · 1931
- Clarady v. BoninCourt of Appeals of Texas · 1980
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