Presley v. Holmes

Citations

• 33 Tex. 476

Syllabus

<p>1. It is well settled by adjudicated eases and by elementary authorities that one joint tenant or tenant in common cah maintain trespass to try title, or ejectment, against a mere trespasser or wrongdoer.</p> <p>2. Though an occupant of land may once have held possession under claim oí title, yet if tho title under which he claimed has been adjudicated to be invalid, his possession subsequent thereto is tortious as against the true owners, and any one of them may, without joining the others, maintain trespass to try title against him as a mere wrongdoer.</p>