Hoencke v. Lomax
Texas Supreme Court
Application by Emil Hoencke to the Supreme Court for writ of error to the Court of Civil Appeals of the First District in an appeal from Liberty County. Hoencke sued Lomax and appealed from a judgment for defendant. On its affirmance he applied for writ of error, which was refused in a written opinion stating the grounds of the ruling.
1Opinion of the CourtJustice Williams
The application is refused for the reason that the evidence shows satisfactorily that the plaintiff had acquired title by ten years limitation. We do not think, however, that a claim of title under the five years statute can be maintained where for some of the years making up that period taxes were paid on some undefined part of the land claimed under the deed.
In the opinion of the Court of Civil Appeals it is said: “It is now settled that one can acquire title to the land of another by limitation, notwithstanding the fact that at the time he takes possession he believes the land to be vacant…
2Cited by3 opinions
- Joy v. JoyCourt of Appeals of Texas · 1941
- Jefferies v. BenavidesCourt of Appeals of Texas · 1949
- Starr v. DunbarCourt of Appeals of Texas · 1934