Keys v. Mason

Citations

• 44 Tex. 140

Syllabus

<p>1 Trespass to try title.—It is a rule, old as the action of trespass to try title, that when the parties claim under a common source of title it is not necessary to trace the title further back than the common source. The act of September, 1871, is only declaratory of what has been the rule from time immemorial.</p> <p>2 Same—Pleading.—It is not necessary that plaintiff allege that both claim under a common source to entitle him to prove such fact. It is only necessary to allege title and trespass by defendant, with an indorsement on the petition that “ the action is brought as well to try title as for damages.”</p> <p>3. Same—Title on which plaintiff may recover.—See discussion of the action of trespass to try title and of the title to be proved by plaintiff.</p> <p>4. Limitation.—A purchaser holding a bond for title and not paying the purchase-money cannot prescribe against his vendor, nor can a purchaser from such vendee with notice defend by limitation against the original vendor.</p> <p>5. Same—Adverse possession.—The possession by a vendee holding a bond for title and by his assigns with notice is not adverse to the vendor, who, in default of payment of purchase-money, may recover the premises by action of trespass to try title.</p>