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Memorial Park Medical Center Inc. v. River Bend Development Group LP

Memorial Park Medical Center Inc. failed to establish that it had a superior claim to the property through adverse possession. Eastland Court of Appeals, No. 11-07-00196-CV.

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OPINION

River Bend Development Group, L.P. brought this trespass to try title case against Memorial Park Medical Center, Inc. to remove a cloud on River Bend’s title to twenty-two acres. River Bend traces its title to Lawrence Pruett, who sold the land to George Day. Day failed to pay school taxes on the land and failed to pay Pruett. After the tax judgment was entered against Day’s company but before the actual tax sale, the Pruetts foreclosed on their deed of trust from Day. When the sheriff sold the land at the tax sale to Bill Williams, the land was owned by the Pruetts, who had not been parties to the tax suit. Memorial Park claims ownership to the same land based on the sale to Bill Williams. Because Williams obtained his money back on the ground that the tax sale was void, we affirm the summary judgment in favor of River Bend.*fn1

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