F. C. Deaton v. J. M. Rush

Summary

The Texas Supreme Court adopted the Commission of Appeals' answers to six certified questions, holding that Annie Deaton’s discovery of false representations about schools, churches and roads did not waive her right to rescind, that her possession was not adverse before cancellation, that her cause of action for recovery of land did not accrue before cancellation, that the five‑year limitation does not bar her claim, and that the Magnolia Petroleum lease is not protected as an innocent purchaser; the Court approved the Commission’s opinion and ordered it certified to the Court of Civil Appeals.