Smith v. Lancaster
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Trespass to try title by Granville Smith against J. D. Lancaster and others, receivers. From a judgment subjecting his title to defendants’ easement of right of way, plaintiff appeals. The appellant brought the suit against the Texas & Pacific Railway Company and the receivers of the railway properties, in trespass to try the title to a lot in the city of Marshall 32 varas long by 27 varas wide.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Trespass to try title by Granville Smith against J. D. Lancaster and others, receivers. From a judgment subjecting his title to defendants’ easement of right of way, plaintiff appeals. The appellant brought the suit against the Texas & Pacific Railway Company and the receivers of the railway properties, in trespass to try the title to a lot in the city of Marshall 32 varas long by 27 varas wide. The defendants pleaded not guilty and adverse possession and use of the lot as a railway right of way for more than 10 years nekt…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The court decreed an easement for railway purposes across the lot to the width of the railway roadbed, which was 15 feet. The appellant contends that such decree was erroneous because (1) tbe evidence does not show that the appellee and those under whom it claims had and used the right of way continuously and without intermission for 10 consecutive years before the suit was filed, (2) the evidence does not show that the appellant was not, at any time during the period of adverse user and possession, under any disability which prevented the running of the…
2Cases cited13 opinions
- City of Austin v. HallTexas Supreme Court · 1900
- Texas Western Railway Co. v. WilsonTexas Supreme Court · 1892
- Ochoa v. MillerTexas Supreme Court · 1883
- Long v. SheltonCourt of Appeals of Texas · 1913
- Moursund v. PriessTexas Supreme Court · 1892
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3Cited by7 opinions
- White v. WhiteTexas Supreme Court · 1944
- Handel v. Long TrustsCourt of Appeals of Texas · 1988
- Weber v. ChaneyCourt of Appeals of Texas · 1928
- Bretzke v. GodeCourt of Appeals of Texas · 1926
- S. M. Rodgers v. United StatesCourt of Appeals for the Fifth Circuit · 1955
2 more not listed; retrieve them via the Exa API.