Caldwell v. Fraim

Citations

• 32 Tex. 310

Syllabus

<p>1— The statute of this State (Paschal’s Digest, Art. 5298,) confers on landlords an absolute right to make themselves parties to suits brought against their tenants for the recovery of land, though no rule is prescribed as to the manner in which they may become parties.</p> <p>2— r-The regular and most convenient mode of practice would he to apply, by oral motion, for leave of the court to he made a party; hut this cause is not an imperative requirement, and the failure to preserve it is a formal rather than a substantial error.</p> <p>3— In an action of trespass to try title and for damages incident thereto, if no answer he filed, the allegations of _the petition are taken pro confuso by default, and nothing more is needed than for the jury, under a writ of inquiry, to determine, from the evidence, the amount of unliquidated damages for the mesne profits. There is no occasion, in such case, for the plaintiff to adduce any proof of his title.</p> <p>4— When a deed retains a lien on the land sold to secure payment of the purchase money, it does not invest the vendee with absolute title, nor with the right of possession as against the vendor, until the purchase money he actually paid, and, until then, the vendee cannot maintain suit against the vendor for possession.</p> <p>5— Under our system of jurisprudence, the vendor, in such case, occupies the double attitude of vendor and mortagee, until payment of the purchase money.</p> <p>6— In States where the distinctive jurisdictions of law and equity are maintained, such a deed would he treated as a mere title bond, and could not he used as evidence in an action of ejectment for the purpose of showing title in the vendee.</p> <p>7— In this State a perfect title is the union of both the legal and the equitable title, which may be accomplished by our courts in any proper case, if the necessary parties are brought in.</p>