House v. Brent

Citations

• 69 Tex. 27
• 7 S.W. 65
• 1887 Tex. LEXIS 767

Syllabus

<p>1. Locative Interest. — No legal presumption can exist that one who has located a land certificate issued to another, did so under contract which entitled him to compensation in land. No other presumption can be indulged in such case than the existence of a contract for pecuniary compensation for services rendered.</p> <p>8. Guardian and Ward. — A deed from a guardian which assumes to pass the title of the ward in land, conveys no title in the absence of evidence showing the authority of the guardian to convey. Presumption of the existence of such authority will not be indulged, even after the lapse of thirty years.</p> <p>8. Partition. — In the absence of evidence showing that those in interest, who were not parties to a partition of land, assented to the partition made, or participated in it, such partition is, as to them, a nullity.</p> <p>4. Laches — Lapse op Time. — Laches can not be imputed to one having legal title, as against the adverse claimant of an equitable interest who has not held adverse possession. The failure of the legal owner to pay taxes can not affect this rule.</p>