Evitts v. Roth

Citations

• 61 Tex. 81
• 1884 Tex. LEXIS 50

Syllabus

<p>1. Possession —Limitation.— One in possession of land improved and inclosed holds to the extent of his inclosure by actual possession; and if his possession, is under a deed, he holds outside of his actual possession by constructive possession to the extent of the boundaries described in his deed.</p> <p>2. Conflicting surveys — Limitation.— When there is a partial conflict of surveys and both parties are in possession of their respective surveys, he who claims under the title junior in point of time cannot avail himself of limitation as to the conflict beyond the limits of his inclosure,,</p> <p>8.- Limitation —Constructive possession. — On the entry of the true owner upon any part of his land the constructive possession of an adverse claimant, in actual possession of some portion of it, ceases as to uninclosed land.</p> <p>4. Registration — Patents—Notice—Statute construed. — Though patents to land are admitted to record, there is no law requiring them to be recorded in the county where the land is situate. They are not embraced within the meaning of art. 4988, Pasen. Dig., which declares deeds to be void as to creditors and subsequent purchasers without notice unless they shall have been acknowledged or proved and lodged with the clerk for record. The record of a patent in the general land office is notice to the world of its existence.</p> <p>5. Copies.— Certified copies are only admissible when the records themselves are admissible in evidence.</p> <p>6. Notice. — Until the issuance of patents locators of land were only required to look to the records of the surveyor’s office; the mere fact that the-field notes were deposited in the general land office is not constructive notice of the appropriation of the land.</p>