Sidbury v. Ware

Citations

• 65 Tex. 252
• 1886 Tex. LEXIS 649

Syllabus

<p>1. Limitations—Lis pendens—Presumptions—In November, 1871, B., E. & T., as trustees of a religious association, entered into possession of a lot in the town of Corpus Christi, Texas, under a deed to them from J., and they and their successors have ever since continuously occupied and used the property as a place of public worship. In 1849 suit involving the title to the above mentioned lot was instituted in the United States circuit court, at Galveston, by D. against K., which resulted in a decree vesting the title in D. One of the links in the trustees’ chain of title is a deed executed by K., in 1852, pending the suit between him and D. in the United States court. In an action of trespass to try title, brought in 1882, for the lot by S., who derives title through D., against W., G. & P., the successors of B., E. & T. Held:</p> <p>(1) That the plaintiff’s right of action was barred by limitation;</p> <p>(2) That as the plaintiff relied.on lis pendens as matter to defeat the defendant’s plea of limitation, it was incumbent on her to show, not only that suit was pending at the time the deed made by K. in 1852 was executed, but also that this condition of things continued down to such period of time as would preclude the defense of limitation.</p> <p>(3) That although there may have been lis pendens in 1852, yet, in the absence of proof to the contrary, it will not be presumed but that it ended in that year, or at least at some time sufficiently long before the institution of this suit in 1882, as to have' made available to the defendants, under their deed executed in 1871, even the longest period of time prescribed by the statute.</p> <p>2. Practice in supreme court—A certified copy of a decree of another court, though found in the transcript, will not be considered by this court for any purpose unless the same has been made a part of a statement of facts or bill of exceptions, or has otherwise been so made a part of the record in the cause as to authorize the cou