Yoast v. Yoast

31 Citing cases

  1. Porretto v. Patterson

    251 S.W.3d 701 (Tex. App. 2008)   Cited 61 times
    Holding that a person claiming ownership of property could sue the State for a taking for having leased it

    Texas courts have repeatedly held that a trespass to try title action is the proper method of adjudicating rival claims to real property. Martin v. Amerman, 133 S.W.3d 262, 264 (Tex. 2004) (holding that trespass to try title is " the method for determining title to . . . real property."); Rogers v. Ricane Enters., 884 S.W.2d 763, 768 (Tex. 1994); Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983). It is this line which the government contends supports its plea to the jurisdiction.

  2. Taplin v. Wells Fargo Bank

    No. 3:17-cv-3404-M-BN (N.D. Tex. Nov. 27, 2018)   Cited 5 times

    Such an action "is a procedure by which rival claims to title or right of possession may be adjudicated." Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983). "To prevail in a trespass-to-try-title action, a plaintiff must usually (1) prove a regular chain of conveyances from the sovereign, (2) establish superior title out of a common source, (3) prove title by limitations, or (4) prove title by prior possession coupled with proof that possession was not abandoned."

  3. Redd v. Deutsche Bank Nat'l Trust Co.

    No. 3:16-CV-02508-K-BF (N.D. Tex. Mar. 20, 2017)

    "A trespass to try title action is a procedure by which claims to title or the right of possession may be adjudicated." Rogers v. Ricane Enter., Inc., 884 S.W.2d 763, 768 (Tex. 1994) (citing Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983)). "To recover in a trespass to try title action, the plaintiff must recover upon the strength of his own title."

  4. Ocwen Loan Servicing, LLC v. Hashemi

    Civil Action No: 3:14-CV-03413-N-BK (N.D. Tex. Jan. 15, 2016)

    Such an action "is a procedure by which rival claims to title or right of possession may be adjudicated." Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983). To prevail on a trespass to try title claim, a party must: (1) prove a regular chain of conveyances from the sovereign; (2) establish superior title out of a common source; (3) prove title by limitations; or (4) prove title by prior possession coupled with proof that possession was not abandoned.

  5. Puente v. CitiMortgage, Inc.

    Civil Action No. 3:11-CV-2509-N (N.D. Tex. Aug. 29, 2012)   Cited 25 times
    Dismissing TDCPA claim where the plaintiffs neither pointed to specific provisions that the defendant allegedly violated, nor supplied sufficient facts to state a plausible claim for relief—other than their invalid theory that the defendant could not foreclose because it was not the holder of the note

    Original Pet. 4. A trespass to try title suit "is a procedure by which rival claims to title or right of possession may be adjudicated." Eskridge v. Fed. Home Loan Mortg. Corp., 2011 WL 2163989, at *4 (W.D. Tex. 2011) (quoting Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983)). "The statute is typically used to clear problems in chains of title or to recover possession of land unlawfully withheld from a rightful owner."

  6. Swim v. Bank of America, N.A.

    CIVIL ACTION NO. 3:11-CV-1240-M (N.D. Tex. Jan. 20, 2012)   Cited 43 times
    Granting a motion to dismiss a Section 392.303 claim where "Plaintiffs merely state a conclusory assertion that Defendants imposed wrongful charges on Plaintiffs' mortgage account"

    Tex. Prop. Code Ann. § 22.01; Rogers v. Ricane Enters., Inc., 884 S.W.2d 763, 768 (Tex. 1994); Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983). Caress v. Lira, 330 S.W.3d 363, 364 (Tex. App.—San Antonio 2010, pet. denied)

  7. Eskridge v. Fed. Home Loan Mortg. Corp.

    CIVIL ACTION NO. W-10-CA-285 (W.D. Tex. Feb. 24, 2011)   Cited 44 times
    Holding Plaintiff had no standing to challenge the assignment of the Note or the Deed of Trust because she was not a party to the assignments

    In the present case, the "misrepresentations" Plaintiff identifies were not made in an attempt to collect a debt, but were made at the request of the Plaintiff in trying to correct the arrears in her mortgage. E. Quiet Title and Trespass to Try Title. Trespass to try title suits are governed by Chapter 22 of the Texas Property Code. Such an action "is a procedure by which rival claims to title or right of possession may be adjudicated," Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983), and a plaintiff "must recover on the strength of his own title." Rogers v. Ricane Enters., Inc., 884 S.W.2d 763, 768 (Tex. 1994).

  8. Coinmach Corp. v. Aspenwood Apartment Corp.

    56 Tex. Sup. Ct. J. 77 (Tex. 2014)   Cited 352 times   1 Legal Analyses
    Holding that a party does not seek or acquire services when “when it merely arranges for a service to be provided to its customers, even if the party indirectly benefits from the provision of that service”

    Here, Aspenwood contends, an action for trespass to try title and for trespass damages was the proper means to resolve both Coinmach's claim to title under the lease and its rival claim to possession. See King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 755 (Tex.2003); Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex.1983); Hill v. Preston, 119 Tex. 522, 34 S.W.2d 780, 787 (1931). A judgment in an FED action is not res judicata against a related claim for trespass to try title,

  9. Coinmach Corp. v. Aspenwood Apartment Corp.

    No. 11-0213 (Tex. Nov. 22, 2013)

    Here, Aspenwood contends, an action for trespass to try title and for trespass damages was the proper means to resolve both Coinmach's claim to title under the lease and its rival claim to possession. See King Ranch, Inc. v. Chapman, 118 S.W.3d 742, 755 (Tex. 2003); Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983); Hill v. Preston, 34 S.W.2d 780, 787 (Tex. 1931). A judgment in an FED action is not res judicata against a related claim for trespass to try title, and a party who loses possession in the FED action may still sue in district court to obtain adjudication of its title and its right to regain possession of the property.

  10. King Ranch v. Chapman

    118 S.W.3d 742 (Tex. 2003)   Cited 2,110 times
    Holding that a bill of review is proper where, "through no fault of the bill's proponent, fraud, accident, or mistake precludes presentation of a meritorious claim . . . ."

    The Chapman heirs also filed an alternative trespass to try title action, a procedure by which rival claims to title or right of possession may be adjudicated. Yoast v. Yoast, 649 S.W.2d 289, 292 (Tex. 1983). In 1879, Helen Chapman alleged just such a claim in Cause No. 1279.