F. J. Harrison & Co. v. Boring

Citations

• 44 Tex. 255

Syllabus

<p>1. Purchaser—Quit-claim deed.—A purchaser who has taken a quit-claim deed is not entitled to protection in a court of equity as a purchaser for a valuable consideration without notice; he takes under such a deed only such interest as his vendor could lawfully convey.</p> <p>2. Deed, warranty.—Where a deed assumes to convey the land and not merely the title (such as it is) that the vendor has in it, and there is a general warranty, the deed not only imports a bona fide conveyance in reference to the subject of the sale and purchase designed thereby to be vested in the purchaser, but it will carry any after-purchased right or title that may be acquired by the vendor.</p> <p>3. Quit-claim deed.—A 'deed to land which binds the vendor to warrant “the title hereby conveyed against the lawful claim of all persons claiming the same or any part thereof from, by, through, or under him,” is but a quit-claim deed, notwithstanding the special warranty, for that refers to the estate or title sold and not to the land.</p> <p>4. Bona fide purchaser.—But if the deed on its face contains evidence that the absolute right to the land, and not the title or chance of title, is sought to be sold, or if this fact appear from the adequacy of the price given, or other circumstances attending the purchase, then the purchaser may be a bona fide purchaser, notwithstanding the deed may have, in some other respects, the qualities of a quitclaim deed.</p> <p>5. Constructive notice.—An example of what would amount to, given.</p> <p>6. The owner of land may create an easement by parol agreement or representation which has been so acted on by others as to create an estoppel in pais, as when one, trusting the agreement or representation, has, on the faith thereof, expended moneys which would be lost if the right to enjoy the easement could be revoked.</p> <p>7. If one so expresses himself to another that the one addressed may reasonably infer the existence of an agreement or license, whether the pa