Brownson v. Scanlan

Citations

• 59 Tex. 222
• 1883 Tex. LEXIS 136

Syllabus

<p>■ I. Limitation of thebe years.— The statute of limitation of three years’ possession under title or color of title cannot be made available by a defendant whose vendor, though connecting himself by regular chain of title with the sovereignty of the soil, had conveyed all his interest in the land to another before executing a deed to the defendant.</p> <p>2. Limitation. — The owner of land is chargeable with notice of its locality and boundaries, and the meaning and locality of every settlement made upon it by another without his authority. One holding the superior title cannot set up his ignorance of the claim of right under which his land is occupied by an adverse claimant, in person or by agent, to defeat limitation.</p> <p>3. Limitation of five years.— Where, under a plea of five years’ limitation, possession is claimed under different titles, and the requisite term of occupancy has elapsed under neither, but the possession under one title must be tacked to that under another in order to make out the five years, a privity must be shown between the various titles under which possession is claimed, or its continuity will be broken, and the statute of five years will not avail the claimant.</p> <p>4. Practice — Charge of court.— A court is not bound to strike out objectionable portions of a charge asked by counsel, and give what may remain, though it be correct. It may modify the charge or reject it altogether, and its rejection cannot be assigned as error.</p> <p>5. Authentication — Acknowledgment.— See statement of case and opinion for form of acknowledgment of a deed in Louisiana in 1874, for Texas land, held sufficient.</p>