James H. Butler, Petitioner v. L. H. (bud) Hanson, Respondent

Summary

The Texas Supreme Court affirmed the Court of Civil Appeals that the fence enclosing the disputed land was not a "casual fence" and that there was sufficient evidence to support the jury's finding of adverse possession, applying the rule that a perfected limitation title is not defeated by a later written disclaimer; however, because the trial judgment erroneously included 7.34 acres outside the fence, the Court reversed the judgments and remanded for the trial court to reform the judgment to exclude that acreage. Justice SMITH dissented, arguing that no claim of right was ever shown and that the jury's findings should be set aside.