LEGGETT v. CHURCH OF ST. PIUS, ETC.

No. 17934.

619 S.W.2d 191 (1981)

J. R. LEGGETT and Eunice Leggett, Appellants, v. The CHURCH OF ST. PIUS OF CANNON FALLS, MINNESOTA, Appellee.

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

Rehearing Denied May 28, 1981.


Attorney(s) appearing for the Case

Philip Gates, Hodges, Gates & Halcom, Columbus, for appellants.

Joe S. Maida, Maida & Lincoln, Houston, Phillip L. Kunkel, Moratzka, Dillon & Kunkel, Cannon Falls, Minn., for appellee.

Before DOYLE, SMITH and EVANS, JJ.


EVANS, Justice.

This is an action in trespass to try title to the oil, gas and other minerals in and under a ten acre tract in Colorado County. The plaintiff church is the record owner of the mineral estate, and the defendants' claim is principally based upon adverse possession under the five and ten year statutes of limitation. After a non-jury trial, judgment was entered for the plaintiff, and the defendants appeal from that judgment.

The stipulated common...

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