UNITED STATES SUPREME COURT DECISIONS ON-LINE

The fifteenth section of the statute of limitations of Texas is as follows:

"Every suit to be instituted to recover real estate, as against him, her, or them in possession under title or color of title shall be instituted within three years next after cause of action shall have accrued, and not afterwards."

The proper construction of this section is that a possession may be in two or more holding in privity, one under another, and if the possession of both so holding will make out the term prescribed, and he who is sued has title or color of title, then the bar will be effectual.

Therefore, where two persons, claiming under the same head right certificate, had possession of the land claimed for three years, it was sufficient.

The decisions of the Supreme Court of Texas upon this subject examined.

The case is stated in the opinion of the Court.