Caplen v. Drew

Citations

• 54 Tex. 493
• 1881 Tex. LEXIS 53

Syllabus

<p>1. Evidence in trespass to try title.—In trespass to try title against a defendant in possession, the plaintiff proved a judgment of the federal court against a third party, and that he at a marshal’s sale became the purchaser of the interest of such third party in the property sued for; after this he offered to prove that such third party was in possession of the property at the date when the judgment of the federal court was rendered. Held—</p> <p>1. The evidence should have been admitted.</p> <p>2. Bare possession is sufficient to maintain the action against a mere trespasser.</p> <p>3. The purchaser at marshal’s sale was, by virtue of his purchase, subrogated to all the rights resulting from the possession of the premises by the third party, whose estate he pm-chased. His possession being shown, the burden of proof shifted to the defendant to show a better title,</p>