Curtis v. Poland

Citations

• 66 Tex. 511
• 2 S.W. 39
• 1886 Tex. LEXIS 551

Syllabus

<p>1. Tenants in common—Improvements—Equitable charge—By improving land held in common a tenant in common acquires no right, title or interest in the portion improved; but rather an equitable charge upon it. And it has been held that he has a lien to secure compensation for necessary or proper improvements on the common property.</p> <p>2. Same—Equity—Equity may protect the co-tenant who has made improvements on the common property, by setting apart to him, in partition, the portion improved, if this can be done without detriment to the other co-tenants; or he maybe protected, in proper cases, by awarding compensation for improvements beneficial to all, or by considering the value of improvements so made in the adjustment of equities growing out of the fact that he has received and become accountable for rents.</p> <p>3. Same—Assignment—Such a claim of the co-tenant for improvements is assignable; but even if it is secured by a lien, it would not pass to a purchaser from a co-tenant through a deed not sufficient to pass a debt secured by lien created by contract; and a debt secured by mortgage upon the common property, executed by one co-tenant, would not pass by a quit claim deed purporting to convey only the right, title and interest of the mortgage in the common property.</p> <p>4. Same—It is probably true that such a claim would pass by a warranty deed purporting to convey land so improved, or even by a quit claim deed in terms purporting to convey the improvements.</p>