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defendantstatuteappealtrialstatute of limitations
defendantstatuteappealtrialstatute of limitations

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Porter v. Wilson, 389 S.W.2d 650

Facts

The Wilsons filed a suit on April 17, 1962, against Thomas W. Porter to recover title and possession of 11.37 acres of land in Randall County, Texas, specifically involving Lots 21 and 24. The Wilsons claimed title under both the Five and Ten Year Statutes of Limitations, asserting that they had established title through adverse possession. The trial court ruled in favor of the Wilsons, but Porter contended that the evidence did not support the jury's findings regarding the Wilsons' title.

The Wilsons filed a suit on April 17, 1962, against Thomas W. Porter to recover title and possession of 11.37 acres of land in Randall County, Texas, specifically involving Lots 21 and 24.

Issue

Did the quitclaim deed executed by the Brights to the Wilsons convey sufficient title to support a claim under the Five Year Statute of Limitations?

Did the quitclaim deed executed by the Brights to the Wilsons convey sufficient title to support a claim under the Five Year Statute of Limitations?

Rule

A quitclaim deed does not purport to convey the land itself but only the grantor's right, title, and interest in the land, and thus cannot support a claim under the Five Year Statute of Limitations unless it conveys the land itself.

A quitclaim deed does not purport to convey the land itself but only the grantor's right, title, and interest in the land, and thus cannot support a claim under the Five Year Statute of Limitations unless it conveys the land itself.

Analysis

The Supreme Court analyzed the quitclaim deed and determined that it only conveyed the Brights' right, title, and interest in the property, not the land itself. The court referenced previous cases that established that a deed must purport to convey the land to qualify under the Five Year Statute of Limitations. Since the deed in question did not meet this requirement, the Wilsons could not establish title under the statute.

The Supreme Court analyzed the quitclaim deed and determined that it only conveyed the Brights' right, title, and interest in the property, not the land itself.

Conclusion

The Supreme Court reversed the judgments of both the trial court and the Court of Civil Appeals, ruling that the Wilsons take nothing by their suit concerning Lots 21 and 24.

The Supreme Court reversed the judgments of both the trial court and the Court of Civil Appeals, ruling that the Wilsons take nothing by their suit concerning Lots 21 and 24.

Who won?

The defendant, Porter, prevailed in the case because the Supreme Court found that the Wilsons failed to establish title under the applicable statutes of limitations.

The defendant, Porter, prevailed in the case because the Supreme Court found that the Wilsons failed to establish title under the applicable statutes of limitations.

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