Heirs v. Heirs

Citations

• 59 Tex. 41
• 1883 Tex. LEXIS 100

Syllabus

<p>1. Trespass to try title.— Where A. conveys land to B. with covenant of general warranty, and B., after taking possession, discovers that there is a superior outstanding title in a third person who is not in possession of any part of the land, and is not positively asserting his title against B., on this state of facts B. cannot abandon the land and bring suit upon the covenant of warranty. He has no right to presume that the superior title will be asserted against him until he feels its ' pressure upon him.</p> <p>2. Same — Breach op warranty.— But if, at the time of the conveyance, B. finds the premises in the possession of the holder of the superior title, the covenant for quiet enjoyment, or of warranty, will be held to be broken without any other act on his part, or on the part of the claimant.</p> <p>3. Same — Limitation.— A vendee brought suit upon the covenant of warranty, setting up only that his vendor, when he conveyed to him, had no title, but that the title was in another person. Reid, that the petition did not show that a cause of action had accrued to the plaintiff, and that a general demurrer by the defendant, setting up the statute of limitations, should have been overruled.</p>