Frank Dunn (J. v. Tackaberry, Intervener), v. J. S. Taylor

Summary

The Texas Supreme Court reversed the Court of Civil Appeals and remanded for a new trial, holding that the evidence did not establish the continuous possession required by either the ten‑year or five‑year statutes of limitation. The Court also clarified that the 1891 statute limiting enclosures of 5,000 acres applies only to the ten‑year statute and that mere enclosure without cultivation or use is insufficient for adverse possession.