Texas land titles : an essay (preliminary to the Texas review) Page: 3
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Texas Land Titles.
B\Y S. (. SNEED, ESQ.
I [NTROD()j) U C T( ) I-Y.
In examining the muniments of titles to lands, we find
;many parties in actual possession, making improvements, and
resting without fear of being dispossessed. We find others
shadowed by a constant dread of the appearance, in adverse
contest, cf some stranger to claim the fields and surroundings
endeared by long association. Again, we meet with others, not
in possession of the soil, who have had their title deeds carefully
preserved for years, holding lands at a distance merely
for profit as investments for their children, unsuspicious of
their titles being precarious, suddenly astonished by some
startling revelation that destroys hope of long preserved
prospective fortunes ever repaying even for the original investments.Where land owners are in possession, in good faith, innocent
of wrong, under what they judge to be valid titles, there is not
that danger of disturbance that attends ownership when unaccompanied
by actual possession. Our Statute of Limitations,
wisely framed to quiet titles, when accompanied by possession,
either actual or by a tenant, permits the lapse of time
to be the remedy for the very disease that may exist in evidences
of title as the years go by and destroy or weaken the
muniments.
But, when parties hold lands merely by deed, unaccompanied
by actual personal possession, or possession by tenants, the
dangers are serious-not only when their title is defective in some
vital point, but even when it is without defect that a court of
law or equity can discover. Owners of this class are menaced
by innumerable hidden dangers-unknown diseases, and peculiar
antagonisms that they never discover until the adversary
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Sneed, Sebron Graham, jr. Texas land titles : an essay (preliminary to the Texas review), book, 1885; Austin, Tex.. (https://texashistory.unt.edu/ark:/67531/metapth41248/m1/3/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting Austin History Center, Austin Public Library.