French v. Olive

Citations

• 67 Tex. 400
• 3 S.W. 568
• 1887 Tex. LEXIS 893

Syllabus

<p>Trespass to Try Title—Evidence—Judgment.—When in trespass to try title the plaintiff fails to show title in himself, errors committed by the-court in admitting improper evidence to establish defendant’s title are immaterial and will not be considered on appeal. In such a case the defendant is entitled to a judgment conclusive against the claim of the plaintiff, and such is the effect of a judgment in the usual form, “that the plaintiff take nothing by his suit,” etc. If to this, the judgment should contain a clause removing cloud and quieting defendant’s title to the premises sued for, it adds nothing to the force of the usual entry, and is not error.</p>