Legal Opinion · Dissent

Morris v. Texas Elks Crippled Children's Hospital, Inc.

Court of Appeals of Texas

Decided June 4, 1975No. 6415Published

1DissentPreslar, Chief Justice

I respectfully dissent and would affirm the judgment of the trial Court granting title to Appellee.

This is a trespass to try title case and Appellee as plaintiff pled the five and ten-year statutes of limitations. The trial court granted judgment for Appellee. Findings of fact and conclusions of law were neither requested nor filed and it must be presumed on appeal that the trial court made such implied findings as were necessary to support the judgment. Texas Van Lines, Inc. v. Godfrey, 313 S.W.2d 922 (Tex.Civ.App. — Dallas 1958, writ ref’d n. r. e.). The proof is clear that Appellee met all…

2Cases cited16 opinions

  1. Owen v. KingTexas Supreme Court · 1938
  2. Heirs of Burton v. CarrollTexas Supreme Court · 1903
  3. McFaddin, Wiess & Kyle Land Co. v. Texas Rice Land Co.Court of Appeals of Texas · 1923
  4. Brohlin v. McMinnTexas Supreme Court · 1960
  5. Hickok Producing & Development Co. v. Texas Co.Court of Appeals for the Fifth Circuit · 1942

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