American Nat. Bank Beaumont v. Wingate

In our original opinion we held that the plaintiffs claim of Kiker for her tenant could not be sustained on either of three possible grounds, namely, that she had made a contract with him, that he or the Bank was estopped to deny a tenancy under her, and that if Kikers occupancy after 1938 were given the effect of interrupting her adverse possession and thus defeating it in favor of the Bank, she would have been imposed upon. It seemed to us then, and so it seems now, that these were the only possible grounds on which plaintiff could have claimed Kiker as her tenant and used his occupancy to complete ten years of adverse possession; and we have nothing to add to the comments in our opinion respecting contract and estoppel. However, the argument filed in support of the plaintiffs motion for rehearing has emphasized this matter of imposition, and we add the following comments regarding it.