Evans v. Templeton

Citations

• 69 Tex. 375
• 6 S.W. 843
• 1887 Tex. LEXIS 836

Syllabus

<p>1. Bona Fide Purchaser. — One who buys in ignorance of a prior unrecorded deed, and who has not paid the contract price for the property, can not be a bona fide purchaser. Such, an one can assert no equity arising from the alleged negligence of the former purchaser, whose deed had once, been recorded, and the record thereof burned, in failing to have his title established and his deed again recorded.</p> <p>3. Limitation — Adverse Possession. — One who sells a lot to be used as city property, which at the time is enclosed in a field, can not successfully set up the statute of limitation against the grantee, merely because the latter fails to take actual possession, and permits it to remain in the original enclosure. To make limitation effectual in such a case, the vendor must show some notorious act evincing a claifn of ownership over the property, distinctly hostile to the claim of the grantee. The possession must not only be actual but visible, continuous, notorious, distinct and hostile, and of such a character as to indicate unmistakably an assertion of claim of exclusive ownership in the occupant.</p>