City of Beaumont v. R. A. Moore

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that Moore's claim for money had and received is barred by the two‑year statute of limitations, that his pleadings do not support rescission, and that the warranties in the deed give him a cause of action for damages based on partial failure of title. A dissent argued that the airport servitude is not an encumbrance and that the warranty claim should fail.