Keyes v. Houston & Great Northern Railroad

Citations

• 50 Tex. 169

Syllabus

<p>1. Continuance.—When a second application for continuance has been overruled, and the record shows that before defendant closed bis testimony the witness for whose testimony the continuance was made appeared in court and was not examined, it will be presumed that the testimony was not material, and the action of the court on such application will not be revised.</p> <p>2. Purchase by plaintiff of outstanding title.—In an action of trespass to try title, plaintiff, pending the suit, may buy from heirs of a party whose undivided interest plaintiff had claimed through a defective administration sale, and such purchase would meet the plea of outstanding title to such interest, if it could be made in such case.</p> <p>3. Legal title as against the equity.—The issuance of patent to the heirs of the original grantee of a certificate, the grantee having-parted with all interest therein, confers but the bare naked legal title, which cannot be asserted by such heirs or their vendee witli notice against parties holding by purchase of the certificate.</p>