Q: Can you ask the court for a writ of possession?

Can you ask the District Court for a writ of possession from a title action in 1938 in Texas due to a person claiming title through a person who from whom the property is recovered and against a person claiming the property through that party to the action that title was recovered from the first time. They filed a quit claim deed to the same property and ignored the Judgement in order to convey the land and now has created and issued and clouded my title. The individual and grantor in QCD has never held any Interest in the property but the act has made it appear as they do and was undiscovered until a party made a claim adverse to my ownership in the tract. Or what Remedy would you use to clear title.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Appeals & Appellate Lawyer
  • Frisco, TX
  • Licensed in Texas

A: A quitclaim deed does not transfer title and shouldn't create a cloud on your title. A judgment usually becomes dormant after ten years. You may need to file a quiet title action against the new party claiming an adverse interest to your ownership in the land.

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