CALFEE v. DUKE

No. B-5897.

544 S.W.2d 640 (1976)

J. H. (Dick) CALFEE, Petitioner, v. D. G. DUKE et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 22, 1976.


Attorney(s) appearing for the Case

Darden, Fowler & Creighton, William E. Fowler, Conroe, Kronzer, Abraham and Watkins, W. James Kronzer, Jr., Houston, for petitioner.

John W. Overton, Houston, Rex G. Fortenberry, Beaumont, for respondents.


REAVLEY, Justice.

The only remaining issue in this trespass to try title suit is whether the evidence raises a fact issue of the possessor's claim of right to mature his limitation title under the ten year statute. The trial court after a non-jury trial rendered judgment in favor of the adverse possessor, J. H. (Dick) Calfee. The Court of Civil Appeals held that, by his own testimony, Calfee conclusively established that his claim to the disputed land was not "adverse...

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