Nye v. Hawkins

Citations

• 65 Tex. 600
• 1886 Tex. LEXIS 715

Syllabus

<p>1. Trespass to try title—Allegations—Practice—An allegation of some adverse possession or claim is a necessary part of the petition in an action of trespass to try title. See opinion for allegations held insufficient to constitute the statutory action.</p> <p>2. Same—Disputed Boundary—A dispute as to boundaries may be determined’ in an action of trespass to try title, but only where facts are alleged sufficient to support that action.</p> <p>3. Same—Equity—When, in addition to the confusion of boundaries, there is sufficient equity to give jurisdiction to a court of equity, the statutory action of trespass to try title may be used, and the dispute as to boundary determined therein.</p> <p>4. Same—Equitable relief—A confusion of boundaries alone does not justify a resort to equity; there must be, in addition, some equity superinduced by the act of the parties—as fraud, confusion of occupancy, negligence, omission or misconduct. (Authorities cited.)</p> <p>5. Same—Practice—Equity will not grant relief unless the boundary cannot be otherwise determined. Averments of the true locality of a boundary line, and that natural objects are still in existence by which such locality may be accurately fixed, show that such line is, within the meaning of the law, determined.</p> <p>6. Same—Adverse possession or claim—Before granting relief, equity requires the plaintiff to show a clear title to land in the defendant’s possession. (Authorities cited.) This rule might be extended to allow relief to the plaintiff in cases of disputed boundaries where there is an adverse claim without possession, provided the other facts were sufficient to justify the interposition of equity.</p> <p>7. Case reviewed—George v. Thomas, 16 Tex. 74, reviewed.</p>