Bowles v. Brice

Citations

• 66 Tex. 724
• 2 S.W. 729
• 1886 Tex. LEXIS 602

Syllabus

<p>Limitation—Estoppel—Possession—A mother procured a conveyance of land to he made to her minor children, and, as their self-appointed agent, leased the land. Held., that the tenants were estopped to deny the validity of the lease, and that their possession would be construed to be the possession of the minors. 1.</p> <p>2. Possession—Limitation—One who verbally contracts to purchase land from the owner, whose title is absolute, and who goes into possession under such verbal contract, becomes a tenant at the sufferance of him who holds the title, and his possession, until he receives the written conveyance, is that of his vendor. The principle that a party setting up the five years’ statute of limitations must claim under a duly registered deed to himself, and not under an older deed in his chain of title, has no application to such a case.</p> <p>3. Distinguished—This case distinguished from Medlin v. Wilkins, 60 Tex., 409.</p> <p>4. Limitation—Deed—A deed which on its face purports to convey all the interest acquired by the vendor, under another deed of record therein referred to, and which deed thus referred to purports to convey title to the entire tract of land, is notice to the world, if duly registered, that the party in possession under it claims the entire land, and is sufficient, when accompanied by other requirements of the statute of limitation of five years, to give title thereunder.</p> <p>5. Cases reviewed—Acklin v. Paschal, 48 Tex., 175, and Fry v. Baker, 59 Tex., 404, reviewed.</p> <p>6. Possession—Constructive possession—One who leases for purposes of cultivation the improved portion of a tract of land to a tenant, and has no actual possession of that portion which is not improved, holds during the occupancy of the tenant, constructive possession of the entire tract.</p> <p>7. Distinguished—This case is distinguished from Read w.'Allen, 63 Tex., 154, and Texas Land Co. v. Williams, 51 Tex., 61.</p> <p>8. Practice in supreme court—When, under the e