Hodges v. Ross

<p>1. Description — Limitation. — u The entire survey, number 118, of 738 acres, Robert Wheally, in Kinney County, Texas,” is a sufficient description to allow the introduction of a deed; there is no uncertainty in it, and it puts the owner on notice that the party in possession was claiming under the deed.</p> <p>2. Possession of Part Extends to Entire Tract. — One in possession of land under a deed, cultivating, using, or enjoying the same, holds all the land comprehended within the boundaries of his deed, though not in actual possession of the entire tract, and it is not necessary that he should reside on any of it.</p> <p>3. Payment of Taxes. — See facts held sufficient to show payment of taxes.</p> <p>4. Cotenants — Limitations.—When parties have such an interest in the land as entitles either to maintain trespass to try title against any person entering upon it during the time of their respective ownership, limitations will run against them if they fail to protect such interest.</p> <p>5. New Trial — Newly Discovered Evidence. — A motion for new trial on the ground of newly discovered evidence should state from whom the information as to such evidence was obtained, and be supported by the affidavit of the informant.</p>