Volunteer Council of Denton State School, Inc. v. Berry

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that a plaintiff may recover in a trespass-to- try-title action “by proving prior possession, and that the possession had not been abandoned”
• “Having established a prima facie claim of possession, the burden of persuasion shifted to Volunteer to establish that Berry’s prior possession claim was inferior to its own.”
• since the mid-1970s Berry had fenced the property, grazed cattle and grew hay on it, and had “actually, exclusively, and peaceably possessed [it]”
• “[W]hen the plaintiff establishes a prima facie case, the defendant must introduce evidence raising a material issue of fact if it wishes to avoid a summary judgment . . . in the plaintiff’s favor.”

Source: CourtListener parenthetical corpus (CC0).