E. M. Land, Petitioner v. W. R. Turner, Respondent

Summary

The Texas Supreme Court reversed the lower courts and held that W. R. Turner failed to establish prior possession of the 44-acre tract and therefore could not recover in trespass to try title. The Court affirmed that the burden of proving prior possession rested on Turner and that, because no special issue was presented, the prior‑possession ground was waived.