Partnership seeks declaration as sole owner

Kelly Holleran Feb. 20, 2012, 7:48am


A Texas business partnership is asking the court to declare it the sole owner of a piece of Jefferson County property.

Mabry Acquisition Co. Ltd. filed a lawsuit Feb. 9 in Jefferson County District Court against Charles D. Mabry, doing business as Mabry Foundry Citation Corp.

The suit is described as a "trespass to try title through adverse possession case."

Under Texas case law, the land must be in the claimants possession, the possession must be continuous. It is not enough to be merely caring for the property temporarily, or even paying the taxes on it, until the owner reappears.

In its complaint, Mabry Acquisition alleges it began operating on the property in 2000. Since then, it has paid all taxes on the property, obtained permits for the land and has been using the property for its own purposes, according to the complaint.

The suit states that "Mabry Foundry Citation Corp. is not an entity that was ever registered to do business in the State of Texas, or any other state."

Mabry Acquisition is now asking the court to declare it as the owner of the title of the property and is requesting other relief the court deems just.

It will be represented by Tanya N. Garrison and Andrew M. Caplan of Weycer, Kaplan, Pulaski & Zuber in Houston.

The case has been assigned to Judge Gary Sanderson, 60th District Court.

Case No. B191-889

More News