Galan v. Town of Goliad

Citations

• 32 Tex. 776

Syllabus

<p>1—Plaintiffs, suing for land, proved continuous and uninterrupted possession for more than twenty years from and after the year 1801. Held, that a grant from the government might be presumed.</p> <p>3— Defendants, pleading and relying on the three years’ statute of limitations, introduced in support of their plea a patent from the Republic of Texas, issued in 1844. Hdd, that the patent constituted such title or color of title as would support the defense of three years’ limitation—in conjunction, of course, with such possession as the statute requires, for more than three years before the bringing of the suit.</p> <p>8—It seems that in a contest between two different grantees, both claiming directly under patents from the State, the junior patent will be title or color of title sufficient to support the three years’ limitation against the elder patent.</p> <p>4— A vendor who retains title as security for unpaid purchase money should be allowed to become a co-defendant with his vendee in a suit against the latter for the land.</p>