Clarke v. Koehler

Citations

• 32 Tex. 679

Syllabus

<p>1— This court has repeatedly decided that original plaintiffs in a suit can not sell out their interest pendente lite, and make of their vendees new parties to the suit. This kind of champertous speculation will not be tolerated.</p> <p>2— The appeal in this case was taken, not by an original party, but by a purchaser pendente lite of the plaintiff’s interest. Held,, that the appeal should be dismissed.</p> <p>3— A purchaser of real estate is, not chargeable with notice of an adverse equitable title in heirs, simply by reason of the fact that the ancestor of the heirs, six years before the purchaser acquired title, died in possession of the land—it not being proved that the purchaser knew that fact at the date of his purchase.</p>