Texas Supreme Court
E. M. Land, Petitioner v. W. R. Turner, Respondent
February 19, 1964377 S.W.2d 181
Summary
The Texas Supreme Court reversed the lower courts and held that W. R. Turner failed to establish title to the 44‑acre tract by prior possession, and therefore Turner takes nothing. The Court clarified that prior possession requires actual, exclusive, peaceable possession and that the burden of proof rests on the party asserting it. The Court also held that the failure to request a special issue on prior possession waived that ground of recovery. Justice Smith, in a concurring opinion, agreed with the result and noted that no further discussion of abandonment or constructive possession was necessary.