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Tankersley v. Randal

361 S.W.2d 946, 1962 Tex. App. LEXIS 1933
Court of Appeals of Texas·Decided November 2, 1962·No. No. 3750·Published·Cited by 2 cases

Opinion

GRISSOM, Chief Justice.

Mrs. Sallie Randal, the widow and successor in title of Charles Randal, sued B. P. Tankersley in trespass to try title to 36.3 acres of land out of Section 122 of the T. & N. O. Ry. Co. Survey in Baylor County. This 36.3 acre tract lies immediately east of the boundary line between Sections 103 and 122 and extends east in Section 122 to the west bank of the Brazos River. Said tract was included in the field notes of 131 acres out of Section 122 patented by the State to Charles Randal on March 1, 1936. The 36.3 acre tract is cut off on the west by the river from the remainder of Section 122. On the west it adjoins the east line of Section 103, a part of which section is now owned by B. P. Tankersley. (A map showing the location of the land and river is attached to this opinion.) C. A. Grossman intervened claiming title to one-half the minerals in said 36.3 acres. Only one issue was submitted to the jury. That issue and the jury’s answer thereto are as follows:

“Do you find from a preponderance of the evidence that the defendant, B. P. Tankersley, and those under whom he claims either in person or by and through their tenants, have had and held the peaceable and adverse possession by actual en[949]*949■closure thereof, of the land in controversy ■in this suit, cultivating-, using, or enjoying ■the same, under a claim of ownership, con■tinuously for any consecutive period of ten ■(10) years prior to the filing of this suit ■ on the 20th day of June, 1958? — Answer: .No.”

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Tankersley v. Randal, 361 S.W.2d 946, 1962 Tex. App. LEXIS 1933 (Tex. Ct. App. 1962).

361 S.W.2d 946 (Tankersley v. Randal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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