Casey v. Hanrick

Citations

• 69 Tex. 44
• 6 S.W. 405
• 1887 Tex. LEXIS 771

Syllabus

<p>1. Landlord and Tenant. — Tenants and their privies in blood and estate are, as a rule, to which the exceptions are well defined, estopped from denying the title of the landlord from whom they obtained possession. It follows that a tenant, while enjoying possession of land by contract with his landlord, can not purchase an adverse title and rely on it as against the claim of the landlord, to protect this possession, and this rule applies to one who obtains possession under a verbal contract to purchase.</p> <p>B. Parties. — As a general rule, damages can not be set off unless they are mutual and between parties to the action. Damages claimed to have been caused by the alleged wrongful conduct of plaintiff’s attorney in directing the execution of a writ, can not be recovered under a plea in reconvention, filed by defendant, in which the attorney is sought to be made a party to a suit instituted to recover rent.</p> <p>B. Damages — Sequestration.—The plaintiff, in a proceeding by sequestration, who by his conduct ratifies the conduct of a sheriff who has abused the process of the court by the oppressive and harsh manner in which he executed it, so that injury thereby resulted to the defendant, is reponsible therefor.</p>