MacGregor v. Thompson
| Decision Date | 26 April 1894 |
| Parties | MacGREGOR v. THOMPSON et al. |
| Court | Texas Court of Appeals |
Appeal from district court, Harris county; S. H. Brashear, Judge.
Action by H. F. MacGregor against Mary Thompson and others. From a judgment for defendants, plaintiff appeals. Affirmed.
Jones & Garnett, for appellant. W. H. Wilson, for appellees.
According to the findings of the court below, the party from whom appellant purchased the land in controversy had the title to it until it was acquired by another claimant by adverse possession under the 10-years statute of limitations. After such title by limitation had become complete, the houses and fences, by means of which possession had been evidenced, were burned, occupancy ceased, and there were no vestiges upon the land itself to show that it had ever been occupied. In this condition it remained for about six years, when appellant bought it from the person in whom was the paper title shown by the records, paying a valuable consideration, without notice of the fact of the former possession, and of the title thereby acquired, unless it be held that he was bound to take notice of the former history of the land, as to possession of it, which may have been held. The sole question presented in this appeal by appellant is whether or not appellant, as an innocent purchaser, was entitled to protection against the title acquired by limitation of which he was ignorant when he purchased. When the possession was held for the time prescribed by law, the title of the former owner was destroyed, and that of the possessor, by his adverse possession, became perfect. He had as full ownership in the land as can be held under any other character of title. Rev. St. art. 3196. This title was of a character that could not be recorded, and hence the registration laws do not apply. Those laws protect purchasers and creditors against conveyances which could be, but are not, recorded. It is doubtless the purpose and policy of such laws to furnish means of information to parties buying lands, as to the condition of the titles, and to protect them against all claims of which notice should be found upon, but the existence of which is not disclosed by, the records. But, at the same time, the law also permits title by adverse possession to exist concurrently with the registration laws, and provides no means by which notice of such title may be given. The declaration of the statute is that he who has had the requisite possession "shall be held to have full title precluding all claims." Such being the case, can it be true that he must do what no other owner of land is required to do, and remain constantly in possession, in order to maintain his right against the very title which his adverse possession has destroyed, in the hands of a purchaser from him through whose...
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