Clay County Land & Cattle Co. v. Wood

Citations

• 71 Tex. 460
• 9 S.W. 340
• 1888 Tex. LEXIS 1166

Syllabus

<p>1. Severance in Ejectment.—Where defendants in trespass to try title claim separate tracts of land sued for they may sever in their defense. Nor is such right lost by their pleading jointly not guilty.</p> <p>2. Pleading Title by Plaintiff in Ejectment.—The plaintiff alleged ownership in fee of the land sued for. On the trial plaintiff offered, to support his title, a contract of sale by which possession of the land was conceded. The purchase money payable in installments— the right to rescind reserved upon the failure to pay any of the installments—and reciting tbal the vendor retained the legal and equitable title in the lapd until it should be paid for. The vendee entered into possession and paid all the instalments due upon the land, held (1) “That such title was admissible under the allegation of ownership in fee, etc.; (3) that such title was sufficient to recover against one not showing a better title.”</p> <p>3. Actual Settlers upon County School Lands.—Section 6, article 7, of the State Constitution on the subject of county school lands vesting title thereto in the counties and providing that “actual settlers residing on said lands shall be protected in the prior right of purchasing the same to the extent of their settlement, not to exceed one' hundred and sixty acres at the price fixed” by the county court not including the value of their improvements extended to all county school lands, but did not operate as a grant to such settlers; and to defend against a vendee of the county, such settlers axe compelled to buy at the price fixed by the commissioners court of the county which owned the land.</p> <p>4, Same.—Such right will be protected in favor of an actual settler residing upon the lands against a subsequent purchaser.</p> <p>5, Parties.—A purchaser from a defendant after suit may properly make himself a party defendant in an action of trespass to try title.</p>