Barnard v. Blum

Citations

• 69 Tex. 608
• 7 S.W. 98
• 1888 Tex. LEXIS 905

Syllabus

<p>1. Power op Attorney — Sale.—A sale of land by an attorney. acting under power to take possession of and to grant, sell and convey the same,” is not rendered invalid by a sale made in accordance with the terms of the power in other respects, but which is made in absence of actual possession being taken of the land by the attorney.</p> <p>2. Same — Warranty.—A deed executed by such attorney in consummation of such a sale is not invalidated by the insertion of a clause of warranty which is not authorized by the power of attorney. The warranty only would be invalid, but the deed would pass the title of the principal.</p> <p>3. Statute Construed — Depositions.—Construing article 2243, Revised Statdtes, held that an interrogatory propounded to a party to a suit, which he refuses to answer, can only be taken as confessed, when it is relevant and pertinent to some right existing in the party who interrogates, at the time when the answer is required by the officer executing the commission.</p> <p>4. Practice. — In trespass to try title against a subsequent purchaser of land from a common vendor, the defendant may show that no consideration was paid for the first deed, without having first filed a sworn plea setting up that fact; the deed not being pleaded, or necessary to be pleaded is not within the rule prescribed in section 10 of article 1265, Revised Statutes.</p> <p>5. Evidence. — Letters or declarations of a vendor made after his conveyanee of title are not admissible in disparagement of the title conveyed.</p>