Estell v. Cole

Citations

• 62 Tex. 695
• 1884 Tex. LEXIS 313

Syllabus

<p>1. Improvements in good faith.—Where one brings suit for, and sequesters land, he cannot, if lie afterwards fail in the suit, recover for valuable improvements which he may have made upon the land pending the litigation.</p> <p>2. Outstanding title—Specific performance — Vendor and vendee.— The defendant had purchased the land from A., receiving a bond for title with general warranty. He had given three notes for the purchase money, which had not been paid. B. (a second vendee of A.) brought suit for the land, alleging that the defendant had forfeited all right to the land by his failure to pay the purchase money. The latter pleaded an outstanding title to the land, as an excuse for his failure to pay. Held:</p> <p>(1) That he was not required to allege a superior outstanding title; that to excuse his failure to pay, it was enough that there was a real claim to the land asserted by third parties.</p> <p>(2) That as long as the title which he had received from his vendor was incutnberecTor doubtful, a court of equity would not decree a specific performance against him.</p> <p>3. Same—Notice — Set-off—Vendor and vendee.— When the defendant set up the outstanding title, he prayed that the holders of that title, and A., his vendor, should be made parties, and be required to litigate the title before he should be required to pay the purchase money. The holders of that title answered, and, being non-residents, sought to remove the cause to the federal court. A. also answered, admitting that the outstanding title was a cloud upon the title which he had conveyed to the defendant. But they were dismissed from the case upon motion of the plaintiff, and the holders of the outstanding title proceeded against the defendant in the federal court. Held:</p> <p>(1) That the pleading of the defendant was a sufficient notification to A. of the claim to the land and a sufficient demand upon him to defend the title.</p> <p>(2) That as it was the duty of A. to defend the title which h