Brackenridge v. Howth

Citations

• 64 Tex. 190

Syllabus

<p>1. Pabtition — Acquiescence — Estoppel.— Two joint patentees executed and recorded a deed of partition between themselves; afterwards some question arising as to the validity of their patent, a new patent was obtained. Thirty-six years after the recording of the deed of partition, and twenty-five years after the issuance of the second patent, the heirs of one of the patentees brought suit for partition. Held, that the issuance of the second patent did not work a revocation of the partition, and so long a delay by the plaintiffs in asserting any right inconsistent with the deed of their ancestor raised the presumption that the deed was left in full force. The fact of plaintiffs having sold to defendants portion of the land claimed by plaintiffs under the deed of partition estopped them from asserting a right inconsistent with that deed.</p>