Arnold v. Cauble

Citations

• 49 Tex. 527

Syllabus

<p>1. Partition—Purchasers of distinct parts from tenant in COMMON, DO NOT BECOME TENANTS IN COMMON.—In a Suit by heirs of a deceased husband against two vendees of the widow, one of whom held from her a deed for the south half, and the other, by her deed of later date, held the north half of the tract, the court below, having allotted the north half to the plaintiffs, proceeded further to divide the south half between the two defendants, and to make an order adjudicating between them some matters as to improvements : Held,—</p> <p>1. It was competent, on partition, to allot the north half to plaintiffs, if necessary to their interest; and in such event, the purchaser of that half had no legal ground of complaint.</p> <p>2. But the court, after having set apart the north half to the plaintiffs as their equal and proper share, had no power to float the purchaser who claimed that half down upon the south half, not included in his deed, and held by a deed older than his own.</p> <p>3. A partition is a distribution among parties who are part owners, and cannot be made to operate as a conveyance of land to one of the parties to the suit, who had no interest in or title to that particular portion.</p> <p>4. There was no such relation between the two purchasers from the widow, as to require the elder in time to divide his purchase with the junior purchaser of the other part of the tract, nor such as enables the court to adjudge any sum from one to the other on a failure of title to either.</p> <p>2. Partition suits—Parties.—In partition suits, all of the co-tenants must be made parties; and any purchaser under one of them should be made a party, and he should be able to connect himself with the co-tenant under whom he claims.</p> <p>3. Same—Improvements in good faith.—On recovery by a co-tenant of lands upon which improvements have been made in good faith, under a claim of right, an account of the rents- and profits should be taken, and the excess, if any, above them shoul