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THOMPSON v. TEXAS COMMERCE BANK NAT. ASS'N

No. 17412.

586 S.W.2d 138 (1979)

W. M. THOMPSON, Appellant, v. TEXAS COMMERCE BANK NATIONAL ASSOCIATION et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied July 12, 1979.

Attorney(s) appearing for the Case

J. Robert Harris, Houston, for appellant.

Butler, Binion, Rice, Cook & Knapp, Claude C. Roberts, Houston, for appellees.

EVANS, Justice.

This is an appeal from a take-nothing judgment entered in a trespass to try title action. The plaintiff's claim of title is based solely upon adverse possession under the ten year statute of limitation. Article 5510, Tex.Rev.Civ.Stat.Ann.

Because the trial court granted the defendants' motion for instructed verdict at the close of the plaintiff's case, it cannot be presumed that the trial court made a factual determination of the issues, and...

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