H. & T. C. R. R. Co. v. Chaffin

Citations

• 60 Tex. 553
• 1883 Tex. LEXIS 376

Syllabus

<p>1. Damagts—Railroad company.— When neither the general statutes nor any special act contains any specific limitation in regard to claims upon railway companies for damages to land, the general statute of limitations will apply.</p> <p>2. Same.— Limitation is available as a defense against a statutory remedy for the recovery of damages resulting from the construction of a railroad, and the statute of two years applies.</p> <p>3. Same. — A railway company secured the right of way across land by written agreement, which was not recorded. Afterwards, and before an embankment was made (for damages in constructing which plaintiff sued), the plaintiff purchased the land without notice of the unrecorded agreement. Five years afterwards the purchaser sued for damages caused by the construction of the ditch. Held,</p> <p>(1) The fact that the company asked for a condemnation of the land for a road-bed did not revive the claim for damages or result in relieving from the bar of limitation.</p> <p>(2) If the purchaser occupied the attitude of an innocent purchaser without notice of the agreement made by the company with his vendor, this would authorize him to recover on condemnation the value of his land, but would not revive the right to damages already lost by the limitation of two years.</p>