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.
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."
"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."
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.
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."
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)
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).
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,
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.
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.