The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 65

The Texas Reports; Cases Adjudged in the Supreme Court ... Volume 65

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ...before a possessor can acquire title by ten years limitation. 1. That a trespasser cannot acquire title by limitation. The correctness of a charge must be determined in view of the facts of the case in which it is given. One is a trespasser who enters upon the land of another and cuts down and carries away timber from time to time; and he does not cease to be such, and does not acquire any right, however long he may continue such acts. One who enters upon the land of another, without right, and ereets houses and opens fields thereon, continuously occupying the houses and using the land for all such purposes as the land is adapted to, is equally a trespasser. But if this condition of affairs is permitted by the owner to continue for the period prescribed by the statute, without interruption by adverse suit to recover the land, this trespasser, this "naked possessor," under the law, loses that character, and becomes the owner of the thing possexed. The act of February 5, 1841, P. D., 4624, declares that ten years of such peaceable possession and cultivation, use or enjoyment thereof, without any evidence of title, shall give to such naked possessor full properiy preclusive of all other claims in and to six hundred and fort_v acres of land, including his, her or their improvements. The change in this law made by the Revised Statutes will be considered in another connection. That part of t-he charge which we have con sidered ought not to have been given, under the facts of this case, and was calculated to mislead the jury. 2. The charge assumes, that the possession, cultivation, use or enjoyment must be, not only such as will give notice to the owner, if he exercises such care as the law presumes every owner to exercise, of the...
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Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • United States
  • English
  • black & white illustrations
  • 1236817273
  • 9781236817273