Capt v. Stubbs

Citations

• 68 Tex. 222
• 4 S.W. 467
• 1887 Tex. LEXIS 670

Syllabus

<p>1. Trespass to Try Title.—In trespass to try title, when the plaintiff exhibits a title derived through mesne conveyance and a voidable judicial sale, the defendant can not prevent a recovery by showing an outstanding equity with which he has no connection.</p> <p>3. Same.—A defendant who shows no title in himself can not defeat a recovery by plaintiff in trespass to try title who exhibits a title prima facie good, by showing fraud in the procurement of one of the mesne conveyances through which plaintiff claims, with which defendant has no connection and in which he discloses no interest.</p> <p>3. Taxes—Same.—The payment of taxes on land by a trespasser in possession gives him no right to reimbursement from the true owner in an action by the latter to recover possession.</p> <p>4. Practice.—The postponement of the trial of a cause, on its being regu- . larly called, to a later day in the term, is within the discretion of the district judge, and can not be made a ground for reversal on appeal.</p> <p>A Evidence.^—Yflaen, in a suit of trespass to try title, a writ of sequestration has issued, and the defendant in possession, who subsequently filed a disclaimer, executed a replevin bond, it was not error to permit the plaintiff’s counsel to read in evidence the bond in order to show that when the suit was begun the defendant asserted claim to the land, and thereby enable plaintiff to recover his costs.</p> <p>-8. Disclaimer.—A disclaimer may relieve a party to a suit from liability for all costs incurred after it is filed, but not from costs previously incurred, if the party disclaiming is in' possession, or set up claim when the suit was brought.</p>