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TODD v. BRUNER

No. A-8674.

365 S.W.2d 155 (1963)

Oliver J. TODD, Jr., et al., Petitioners, v. Hugh Carl BRUNER et al., Respondents.

Supreme Court of Texas.

Rehearing Denied March 13, 1963.

Attorney(s) appearing for the Case

John Hamman, Houston, McClain & Harrell, Conroe, Butler, Binion, Rice & Cook, Houston (Arthur P. Terrell, Houston, with firm), for petitioners.

James M. Crane, Conroe, Howard Klein, Tomball, W. S. Barron, Jr., Dallas, for respondents.

NORVELL, Justice.

This case presents a cotenancy situation involving the ten year statute of limitation, Article 5510, Vernon's Ann.Tex. Stats. It is the settled law in this state that, "The possession of a cotenant or tenant in common will be presumed to be in right of the common title. He will not be permitted to claim the protection of the statute of limitations unless it clearly appears that he has repudiated the title of his cotenant and is holding adversely...

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