Hays v. T. & P. R'y Co.

Citations

• 62 Tex. 397
• 1884 Tex. LEXIS 256

Syllabus

<p>1. Trespass to try title — Right of way.— The action of trespass to try title will lie against a railway company asserting a right of way claim to land.</p> <p>2. Same.— This action, taking the place of the common law action of ejectment, may be used where the object is to recover possession of land unlawfully withheld from the owner, and to which he has the right of immediate possession, whether the defendant claims under title or is a mere trespasser.</p> <p>3. Same — Easement.— In a suit between the owner of the soil and a railway company, whose title to an easement is without foundation, and which is a trespasser, the owner is entitled to dispossess the latter altogether.</p> <p>4. Same— Summary statutory remedy.— Even where the statute provides a summary remedy by which lands can be condemned to the use of a railway company and damages assessed to the owner, such remedy does not interfere with the owner’s right to an action of trespass to try title, where the railway company occupies the land without resorting to the statutory method of condemning it.</p> <p>5. Same — Cases cited.—R. R. Co. v. Ferris, 36 Tex., 588; R. R. Co. v. Pfeuffer, 56 Tex., 66; R. R. Co. v. Benitos, 59 Tex., 336; Armstrong v. St. Louis, 69 Mo., 309; Graham v. R. R. Co., 37 Ind., 360; Strong v. Brooklyn, 68 N. Y., 1, cited.</p> <p>6. Notice to purchaser—Limitation.— That a railway company as a trespasser occupied the 1 and long before plaintiff purchased will not affect his right to sue, nor will naked possession of the right of way over the land for ten years bar his recovery.</p>