James H. Burnham v. Hardy Oil Company

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that the defendants' title under the five‑year statute of limitations is valid and that a husband’s conveyance of community property after his wife’s death, not for community debts, does not constitute title or color of title sufficient for a three‑year limitation claim. The Court also held that temporary breaks in the enclosure fence do not arrest the five‑year limitation.