Texas Supreme Court

Tom Orsborn v. Deep Rock Oil Corporation

March 31, 1954153 Tex. 281

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals, holding that petitioner Tom Orsborn failed to establish the elements of adverse possession under the ten‑year statute of limitations because the disputed tract was only casually enclosed and only occasionally grazed, which does not constitute the required actual, visible, hostile possession. The Court relied on the statutory provisions and prior case law to reject the claim. Justice Griffin dissented, arguing that the evidence raised a factual issue and should have been decided for the petitioner.