Edwards v. Barwise

Citations

• 69 Tex. 84
• 6 S.W. 677
• 1887 Tex. LEXIS 780

Syllabus

<p>1. Evidence—Trespass to Try Title.—When in trespass to try title the plaintiff sets forth specially his title, and the continuity of his claim, depends on a link such as title by descent from a former vendor which must be established by parol, that fact must be alleged in order to authorize its proof. It is otherwise when the action is in the statutory form, and the title is not specially pleaded.</p> <p>2. Trespass to Try Title.—It is not error for the court to instruct the jury in trespass to try title to find for that party in whom the undisputed written evidence shows that the title is vested.</p> <p>3. Notice.—The registration of a deed in the county where the land is situate, properly authenticated, mu«-t be held as notice of its contents to-all subsequent purchasers, and it is not admissible for a subsequent purchaser to show that he had the records examined by his attorney and-that no such deed was of record.</p> <p>4. Evidence.—The custodian of a public record is the proper officer, by whom to establish that a record does not exist.</p> <p>5. Verdict—Judgment.—A plaintiff in trespass to try title, claimed title to an undivided one-third of a survey, and for possession of the entire tract in the event the defendant failed to show title to two-thirds of it. The-verdict was for plaintiff “for one-third of the property in dispute.” The judgment entry was for the plaintiff for one-third of the entire tract. The verdict was rendered under a charge which instructed the jury to find “for plaintiff one-third of the land described in the petition.” Held: that the entire property was in dispute, and there was no-error in the judgment.</p>