McMasters v. Mills

Citations

• 30 Tex. 591

Syllabus

<p>On the 7th of April, 1830, W. J. R. claimed to be a 'single man, and as such solicited and obtained a grant of a league of land as a colonist; and on 24 March, 1834, R sold to G., who, on 30 September, 1836, sold to M., who, in 1851, conveyed portions of it to the other defendants, who settled upon it. But at the time of the grant R was in fact a married man, having a wife, and a daughter born in 1823, residing in North Carolina. The wife died in September, 1831, leaving the daughter her only heir. R. resided in Texas from 1826, but never brought his family into the country. The daughter came to Texas in 1839, and was married 21 July, 1843, (before she was twenty-one years of age,) and commenced the suit 8 March, 1855. The court, without considering the question of her original right— that is, whether the property was community or not, or the right of R. to sell—held, that her claim was stale and barred by time.</p> <p>The legal title in 1831 vested in Russell alone. The wife, by neglecting to come to this country, acquiesced in this claim, and if R. held for the daughter, he only held in trust.</p> <p>When Russell sold, he virtually disclaimed that he held half the land in trust for his daughter, and as M. had no knowledge, either actual or constructive, of her claim, he held adversely to her, and if he had taken possession of the land, his adverse possession could not have been more evident than it was.</p> <p>The longest time that any claim can run without being barred is ten years. (Paschal’s Dig., Art. 4624, Note 1033.)</p> <p>■The statute of limitation is as obligatory in equity cases as in law.</p> <p>It is the settled construction, that the period of limitation cannot be extended by the connection of one disability with another; that is, one disability cannot be tacked to another.</p>