Bremer v. Case

Citations

• 60 Tex. 151
• 1883 Tex. LEXIS 284

Syllabus

<p>1. Innocent purchaser.— Plaintiff in trespass to try title relied on a chain of title from the sovereignty of the soil, the deed to him being over twenty years old, containing a recital that the purchase money had been paid. The defendant showed a chain of title to himself complete from the sovereignty of the soil, and claimed under deed older in date and in registration than plaintiff’s, but junior to a remote link in plaintiff’s chain, not recorded for more than twenty years after its execution, and after the execution and registration of the entire chain to defendant. Held,</p> <p>(1) The recitals in plaintiff’s deed that the purchase money had been paid were not sufficient evidence to establish that fact so as to constitute him an innocent purchaser,</p> <p>(2) The pay ment of the money should have been proved otherwise than !by the recitals in the deed</p> <p>(8) Though the deed was over twenty years old, the payment of purchase money will not be presumed when the claim of title has not been accompanied with possession: especially is this true when the money, if paid, was, paid by the plaintiff himself, who was a witness.</p> <p>(4) The doctrine of stale demand has no application.</p> <p>(5) Distinguished from Johnson v. Newman, 43 Tex., 628.</p> <p>(6) A judgment for defendant was proper in the absence o,f any evidence to show payment of purchase money, except such as appeared from the recitals of the plaintiff’s chain of title*,</p>