Coleman v. Thurmond

Citations

• 56 Tex. 514
• 1882 Tex. LEXIS 64

Syllabus

<p>1. Jurisdiction—Limitation.— The town of Victoria, owning certain lands outside of the town proper but within the corporate limits, caused it to be surveyed into farm lots separated by streets, and sold lots O and P, separated by a street, the deeds calling to run with the street. Subsequently by statute the limits of the corporation were reduced, leaving these lots outside, the statute providing that the streets should remain set apart for public use. The owner of lots O and P having united them in one enclosure, the county commissioners of Victoria 'county ordered the fence removed, and the plaintiff claiming the entire enclosure as his property, brought this suit to enjoin the enforcement of the order. Held,</p> <p>(1) That the suit involved the title to real estate, and that the district court had jurisdiction.</p> <p>(2) That the deeds from the town conveyed no title to the street, and that the plaintiff therefore acquired no title by adverse possession for five years.</p> <p>(3) That the title by the party in possession under the ten years’ limitation, because such possession only continued ten years when counted against the county as well as the city, and against the former, being a subdivision of the state, the statute no more runs than against the state itself.</p>