Chance v. Branch

Citations

• 58 Tex. 490
• 1883 Tex. LEXIS 53

Syllabus

<p>1. Limitation.— It is essential to possession of land, in order to defeat a recovery or vest a right under the statutes of limitation, that it should be adverse. If the original entry be not with the intention of claiming the premises, and the possession is continued by the permission of the true owner, and with the understanding between the parties that the true owner is at all times to be regarded as the proprietor, notwithstanding such possession, it is not adverso and can never ripen into title.</p> <p>2. Cases approved.—Portis v. Hill, 3 Tex., 279, and Gillespie v. Jones, 26 Tex., 346, approved.</p> <p>3. Fact case.— See opinion for facts under which it was held that the possession of land was not adverse.</p> <p>4. Statement of facts.— When a cause is tried before the judge without a jury, in the absence of a statement of facts, the conclusions of fact made out and filed by the judge under the statute must be regarded as embracing substantially the facts proved on the trial.</p>