Hanks v. Enloe

Citations

• 33 Tex. 624

Syllabus

<p>1. No principle of law is better settled than that one joiDt tenant cannot bind his co-tenant in a contract for the sale .of their joint real estate, without express authority from the co-tenaut anterior to the contract, or a ratification of the contract by the co-tenant afterwards.</p> <p>2. It is as imperative that a petition should allege a good cause of action as that the evidence at the trial should sustain it.</p> <p>3. Tn a petition for the specific performance of a contract for the sale of lands, or for damages in lieu thereof, the plaintiff alleged a written advertisement of the sale, signed by two joint tenants, but also set out a certificate of his purchase at the sale, which certificate was made by one only of the joint tenants, and there were no allegations by which the certificate was shown to he binding on the other joint tenant. Held, that the petition disclosed no cause of action against the joint tenant who did not execute the certificate, and it was error to overrule his demurrer to the petition. The advertisement alone would not suffice to charge him.</p> <p>d. The statute of limitations may be interposed by demurrer or exceptions expressly sotting up that defense to the action.</p> <p>5. Suit was brought in 1853 on an obligation made in 1810 for the conveyance of title to certain lands within twelve months, and it was alleged in the petition that the defendants never became able to convey title until 1853. The prayer was lor specific performance, or for damages. The defendants excepted to to the petition because it was apparent on its face that the action was barred by limitation. There being no other feature in the case to prevent the bar of the statute, it is held that the exceptions should have been sustained.</p>