Mooring v. Campbell

Citations

• 47 Tex. 37

Syllabus

<p>1. Damages—Verdict.—In an action for the recovery of damages for an alleged trespass on property, the unlawful conversion of the property by the defendant was proved; but there was no evidence of its value. The jury estimated its value from their judgment alone, and returned a verdict accordingly: Held, That this was error; the evidence must furnish the standard for the value of the property converted.</p> <p>2. Limitation.—Though it is manifest that one who has been in adverse possession, with all of his improvements, on a large tract of land belonging to another, for the period of ten years, cultivating, using, and enjoying the same, (Paschal’s Dig., art. 4623,) thereby acquires title to six hundred and forty acres, including his improvements, yet, the statute which confers this right is so meagre in its provisions, that it will receive no construction beyond this, except as directly applicable to pertinent facts arising in a case. Questions which may arise, under that statute, not yet decided, are the following t</p> <p>1. If a person, while improving his own land, should by accident or design place a fence a few yards over his own line, on the land of another, so as to include a strip which he cultivates for ten years with his own field, shall this result in fixing a boundary between the two tracts, or in the acquisition of six hundred and forty acres of land belonging to another, when the fence was placed there? Must the six hundred and forty acres, if he be entitled to it under the statute, include all of liis improvements, or only such portion as extends over on the adjoining tract?</p> <p>2. If one should settle, and improve without title, near the corners of four sections of land, belonging to different parties, and, after inclosing, retain possession of adversely, and cultivate for ten years, in one field, a few acres on each section, does he thereby acquire, if suits should be brought for the trespass by the four owners of the tracts, six hundred and f