Stout v. Taul

Citations

• 71 Tex. 438
• 9 S.W. 329
• 1888 Tex. LEXIS 1163

Syllabus

<p>1. Limitation of Five Tears.—A party asserting title under limitation of five years must show privity of title and possession under the recorded deed under which the limitation is claimed.,</p> <p>2. Limitation of Ten Tears—Possession.—A suit prosecuted to effect against the tenant in possession within ten years from the adverse entry by the landlord breaks the continuity of the possession and avoids the defense of ten years limitation when asserted by the landlord against the holder of the proper title.</p> <p>3. Description of Land in Deed—Mistake.—A description of land in a deed otherwise identifying it is not vitiated by a mistake in giving the number of the certificate by which the land was located.</p> <p>4. Paschal County—Records of.—Paschal county was one of the counties created for judicial and other purposes, January 28, 1841. This act was held unconstitutional. (Dallam, 615.) The records of the county were directed to be transferred to Red River county. (Act of February 1, 1844.) The proceedings of the land board of Paschal county should be in the records of Red River county, and a certified copy of such records by the1 county clerk of that county would be evidence.</p> <p>5. Surveyors’ Records.—Certified copies of the records of offices of district and county surveyors are admissible to show by what certificate a given survey was made.</p> <p>6. Trespass to Try Title.—An action of trespass to try title, prosecuted to judgment against the tenant of a non-resident landlord, does not conclude the question of title against such owner, even if he had knowledge of the pendency of the suit.</p> <p>7. Same.—Such action would stop the running of the statutes of limitation, or would be conclusive between the parties to the suit and those claiming under them by title made subsequent to the filing of the suit.</p>