In Volunteer Council of Denton State School, Inc. v. Berry, 795 S.W.2d 230, 239 (Tex. App.-Dallas 1990, writ denied), the Court addressed an instructed verdict granted on both the adverse possession and the continuous possession claims. The instructed verdict was granted because Volunteer presented no evidence other than the tax deed. The San Antonio Court of Appeals wrote that it was not necessary to address the continuous possession claim and application of the three-year statute of limitation to that claim because the ten-year adverse possession claim was unrebutted by the facts and, thus, the validity of the tax deed was immaterial to the adverse possession claim. However, as clearly recited in the Berry opinion, Volunteer raised issues on appeal as to the ten-year adverse possession claim "that Berry had not established limitations as a matter of law; that contested fact issues exist on this subject; and that Berry failed to make a prima facie limitations case." Berry, 795 S.W.2d at 241. The Court in Berry, decided that the continuous possession claim was not subject to the statute of limitations under the facts, and said, "Consequently, it is not necessary to address Volunteer's complaint concerning adverse possession through limitations." Id. It is clear from the Berry opinion that Volunteer's issues on appeal as to the adverse possession claim and the instructed verdict on that claim did not need to be addressed since this Court concluded that Volunteer had not properly raised its section 33.54 limitations defense. Having made that decision, there was no purpose to be served by analyzing and deciding Volunteer's other issues and determining whether another basis for the instructed verdict, the adverse possession claim, was valid. In Berry, this Court stated that "in order to invoke section 33.54 limitations protection, a party must produce the same documentation that proves a valid tax deed." Berry, 795 S.W.2d at 240. According to Berry, this meant a person asserting limitations under section 33.54 was required to introduce the tax judgment and the order of sale. Id., at 239, 240. Berry was a trespass to try title case. The plaintiff, Berry, relied on two of the four means of proving title in a trespass to try title case: prior un-abandoned possession and title by limitations based on more than ten years of adverse possession. The Volunteer Council of the Denton State School, Inc. answered, pleading "not guilty." It claimed record title through a tax deed filed of record some eight years before Berry filed her trespass to try title claim. Volunteer also filed a special plea in bar based on limitations pursuant to section 33.54 of the tax code (the same statute involved in this case). At trial Volunteer introduced the tax deed, but did not introduce the tax judgment or order of sale. Berry, 795 S.W.2d at 238. The trial court instructed a verdict in favor of Berry. Volunteer appealed, claiming among other things that the trial court should have instructed a verdict in its favor because section 33.54 precluded Berry's claim as a matter of law. The Court determined that Berry established her claim of prior possession 6 and, therefore, the burden shifted to Volunteer to prove a superior title through the tax deed or to prove its limitations affirmative defense. Id., 795 S.W.2d at 237 ("Having established a prima facie claim of possession, the burden of persuasion shifted to Volunteer to establish that Berry's prior possession claim was inferior to its own."). The opinion framed the issue thusly: "We must determine whether the proponent need only introduce a recorded tax deed or whether the proponent must also introduce those documents that prove that the tax deed is valid." Id., at 238-39.