Heirs of Wm. Gatlin v. Organ

Citations

• 57 Tex. 11
• 1882 Tex. LEXIS 81

Syllabus

<p>1. Trespass to try title — Judgment.— When, in trespass to try title, there is a finding in favor of defendants for the value of permanent improvements on the land, a judgment which declares that, if the plaintiff shall fail to pay the amount so found within twelve months, “ he shall be forever barred of his writ of possession, and from ever maintaining an action against the defendant for the land,” is manifest error.</p> <p>2. Trespass to try title—Improvements in good faith.— When, in trespass to try title, the defendant does not attack the title of plaintiff, but claims the value of permanent improvements made by himself through mistake across a boundary line, he is not entitled to their value, if, by the exercise of due diligence, the true boundaiy could have been discovered. If, however, the mistake was not caused by the defendant’s negligence, and the plaintiff knowingly stood by while the improvements were being made by defendant through mistake, and failed to inform him of his right to the land, then defendant-would be entitled to recover the value of the improvements, less the value of the use and occupation.</p>