Jones v. Philips

Citations

• 59 Tex. 609
• 1883 Tex. LEXIS 235

Syllabus

<p>1. Evidence. — While a patent may, like other evidences of title, be recorded in the county where the land lies, that fact .does not affect its admissibility in evidence, and either it or a duly certified copy thereof from the general land office may be read in evidence without registration in the county, and without the notice prescribed in art. 2257, R. S.</p> <p>2. Bond for title.— Where a bond which evidences an executory contract binds a vendor of land to make to the purchaser “a deed,” upon payment of purchase-money notes, the vendor is thereby bound to make to the vendee on such payment a valid conveyance transferring- title to the land. An understanding on the part of the vendor that he would make a quitclaim deed, when not communicated at the time to the vendee, cannot alter the case.</p> <p>3. Fraud.— While fraud upon the part of a vendor of land will entitle the vendee tb a rescission of an executory contract for its conveyance, yet where the vendee has gone into possession and claims on a rescission pay for improvements made in good faith, he should, as a general rule, be required to account for use and occupation, and this even though the alleged fraud consisted in misrepresentations as to the sufficiency of title.</p>