Allday v. Whitaker

Citations

• 66 Tex. 669
• 1 S.W. 794
• 1886 Tex. LEXIS 594

Syllabus

<p>1. Judgment—Order of Sale—Sheriff’s deed—Description.—A judgment directing land to be sold, the order of sale made thereunder, and sheriff’s deed to the land must contain such description of the land sold as will enable a person familiar with it to identify it from the description given. See opinion for description held insufficient.</p> <p>2. Tenants in common—Parol partition—Notice-—It has often been held in this state that a parol partition of land between tenants in common is valid. (Stuart v. Baker, 17 Tex., 417, and Gibbons v. Bell, 45 Tex., 423.) There is nothing in the nature of such a partition to affect a person purchasing from a party to it, with notice of its existence.</p> <p>3. Same.—A purchaser from one co-tenant would not be affected with notice of a partition from the mere fact that it was made in writing. But registration of such an instrument, actual adverse possession, or circumstances calculated to induce inquiry, as well as actual notice to the purchaser before his rights were acquired, would affect him with notice of a partition.</p> <p>4. Same—Innocent purchaser.—In the absence of notice of the partition, an innocent purchaser would be entitled to hold what from the record appeared to be the undivided interest of the co-tenant whose estate he purchased, subject to such equities as may arise among tenants in common.</p> <p>5. Same—Occupation.—The facts that a tract of land owned by two co-tenants has been divided into blocks and lots, some of which have been actually surveyed and their boundaries fixed and that one or more of them are occupied by one of the co-tenants, do not operate as notice of a parol partition.</p> <p>6. Same—Evidence.—The fact that one co-tenant assumed the right to sell the entire property in the lots on one side of the tract and does so by deeds put upon record, and that alike right is assumed and exercised by another co-tenant as to lots on the opposite side, may be looked to on the question of notice of parol parti