Coleman v. Waddell – Case Brief Summary (Texas)

In Coleman v. Waddell, 151 Tex. 337, 340, 249 S.W.2d 912, 913 (Tex. 1952), the court addressed the converse of the description problem presented here; there, the adverse possession claimant failed to describe a smaller tract inside a sufficiently described larger one.

The Waddells claimed a described one hundred acre tract, their claim resting upon their enclosure and continuous use of an approximately two acre garden plot for a period sufficient to satisfy the ten year statute.

Their claim failed as to the area outside of the garden, because the evidence showed that during the limitation period the record owners, through their vendee Kirby Lumber Company, had cut and removed the commercial timber from the property outside of the garden.

The court also rejected their claim to the enclosed two acre garden, because the Waddells failed to allege or prove an adequate legal description of the smaller tract. "For that reason the trial court could not render judgment in their favor for it." Coleman, 249 S.W.2d at 913 .