Citation Numbers: 113 S.W. 170, 52 Tex. Civ. App. 6
Judges: Fisher
Filed Date: 10/21/1908
Status: Precedential
Modified Date: 10/19/2024
This is a suit of trespass to try title, brought by appellant on the 24th day of January, 1906, in the District Court of Chambers County against the appellees. Appellees pleaded not guilty and the statutes of limitation of three, five and ten years. The case was tried before the court without a jury, and judgment rendered to the effect that the plaintiff take nothing by his suit against the appellees.
The plaintiff claimed title under a grant from the Mexican Government to Moses A. Carroll, dated in 1835, and the evidence shows that he is connected with that title by conveyances which are set out in the record.
Appellees claim title by virtue of a grant from the Mexican Government to T. J. Chambers, issued in 1834. The evidence shows also a deed from T. J. Chambers to William Chambers, of date 1865, conveying 800 acres of land in the Chambers grant. The evidence also shows that the appellees are connected with and asserting title under this deed.
If the land in controversy is embraced in the calls of the grant to Chambers and the calls in the deed from him to William Chambers, and the calls are sufficient to enable a surveyor to find and identify the land, and the defendants and those under whom they claim were in possession of the land a sufficient length of time to prescribe under the ten years statute of limitation of 1841, then we need not pass upon and determine whether the Chambers grant was void, as insisted upon by appellant, on the ground that it was located within the ten littoral leagues without the consent of the executive of the Mexican Government being shown. The Act of 1841 has been construed in several cases, and it was there held that one in actual possession under a void grant, which describes the land in controversy, could hold and prescribe under the ten years statute to the extent of the boundaries of the grant, provided he is asserting possession thereunder. Charle v. Saffold,
We find no error in the record, and the judgment is affirmed.
Affirmed.