[Download] "Masonic Building Association of Houston, Inc. v. McWhorter" by In the Court of Appeals for the First District of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Masonic Building Association of Houston, Inc. v. McWhorter
- Author : In the Court of Appeals for the First District of Texas
- Release Date : January 12, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
The Masonic Building Association of Houston, Inc. (the MBA), appellant, sued Hal D. McWhorter and Christina McWhorter, appellees, seeking to enjoin the McWhorters from encroaching upon the MBAs property via a wood fence. The McWhorters answered and counterclaimed, seeking to quiet title as to the boundary of the property, and alleging adverse possession for more than ten years. The jury found that the McWhorters, together with their predecessors in interest, had possessed the property adversely along the fence line for more than ten years, and the trial court rendered judgment based on the jurys verdict. We conclude that sufficient evidence supports the jurys adverse possession finding as to the middle section of the existing fence, but that as a matter of law, the McWhorters did not prove adverse possession as to the rear section of the fence and as to a hedge boundary because no hostile, adverse use existed for the requisite ten years. We therefore affirm in part, reverse and render in part, and remand the issue of attorneys fees to the trial court.