Erhard v. Hearne

Citations

• 47 Tex. 469

Syllabus

<p>Limitation of three years.—The exemption from suit, given by the three years’ statute of limitations, is not lost by a temporary break in the possession subsequent to the completed term of adverse possession; and, without determining whether the elder title is extinguished, or that the matured junior title may or may not he abandoned, so that the holder of the elder title, on regaining his possession, or in a contest with one not in privity with the junior title, would have his rights unaffected, it is decided that the exemption from suit given by the fifteenth section of the statute of limitations can be pleaded as a defense by one in possession in privity of estate, though with disconnected possession witli one who had such three j'ears’ possession under the statute.</p>