Hough v. Hill

Citations

• 47 Tex. 148

Syllabus

<p>1. Practice.—In an action of trespass to try title against several defendants, in which some of the defendants set up title as against the other defendants, and were permitted to take judgment by default against such defendants, who do not appeal, the plaintiff, having lost his suit, cannot complain, on appeal, of such action of the court in regard to the rights of the defendants.</p> <p>2. Practice—Evidence.—The fact that deeds forming part of the ' plaintiff’s chain of title, in an action of trespass to try title, may have been admitted improperly, over objection to their acknowledgment, &c., when the judgment was for defendants, is no ground for affirming the judgment against plaintiff; having the right, upon the objections being sustained, to prove their execution, he should be allowed the opportunity to do so.</p> <p>3. Practice.—Where a deed has been admitted by the court, and there is no evidence putting its validity in issue, it is error for the court to submit the validity of such deed to the jury.</p> <p>4. Execution of power.—If a grantor has power to sell, and sells, his act will pass title, whether he refers to the power or not. His act would pass his own and the interest of his principal.</p>