Cedillo v. Gaitan

In Cedillo v. Gaitan, 981 S.W.2d 388, 390 (Tex. App.-San Antonio 1998, no pet.), the San Antonio Court of Appeals held the tax deed is all that is needed to prove one's right to title. Further, that court said that the section 33.54 limitations provision does not, in any way, require the party seeking to raise the statute of limitations to make a prima facie case of valid sale by offering the order of sale along with the deed. In so stating, the San Antonio Court of Appeals cited the then-applicable version of section 33.54: (a) A cause of action relating to the title to property may not be maintained against the purchaser of the property at a tax sale unless the action commences within three years after the deed executed to the purchaser at the tax sale is filed of record. (c) When actions are barred by this section, the purchaser at the tax sale or his successor in interest shall be held to have full title to the property, precluding all other claims. Id. at 391.