Moseley v. Lee

Citations

• 37 Tex. 479

Syllabus

<p>1. In 1853 defendant settled on public land, and in 1855 he received for it a quit-claim deed from one YY., in whom no title was shown. Defendant placed the deed on record in 1855, and remained in possession of the land until 1870, when he was sued for it by the plaintiff, who derived title under a patent issued in 1861, on a file and survey made in 1860. Defendant relied on the limitation of five years. Held, that no statute of limitation ran in defendant’s favor until the State parted with her title by the patent; but after the issuance of the patent, limitation may have run in his favor, although his deed was a quit-claim from a party devoid of any title, and notwithstanding the deed was recorded while the land was still public domain.</p> <p>2. Suits for title or possession of real estate are “ civil suits ” within the meaning of the 43d Section of Article 12 of the Constitution of 1869, which declares that “the statutes of limitation of civil suits were sus- “ pended by the so-called act of secession of the 28th of January, 1861, “ and shall be considered as suspended within this State until the accept- “ anee of this Constitution by the United States Congress.”</p> <p>3. A defendant who put improvements on public laud is not entitled to compensation for them from a plaintiff who subsequently acquired title from the State, and this, notwithstanding the defendant, soon after settling on the land, received a quit-claim deed for it from a party who had no title.</p>