J. H. (Dick) Calfee v. D. G. Duke Et Al‪.‬

The only remaining issue in this trespass to try title suit is whether the evidence raises a fact issue of the possessors claim of right to mature his limitation title under the ten year statute. The trial court after a non-jury trial rendered judgment in favor of the adverse possessor, J. H. (Dick) Calfee. The Court of Civil Appeals held that, by his own testimony, Calfee conclusively established that his claim to the disputed land was not "adverse" under the ten year statute; the trial courts judgment was therefore reversed and rendition of judgment was ordered in favor of 21 parties in accordance with their respective interests as heirs of J. H. Duke. 533 S.W.2d 839. We will affirm the judgment of the trial court.