Maverick v. Flores

Citations

• 71 Tex. 110
• 8 S.W. 636
• 1888 Tex. LEXIS 1110

Syllabus

<p>1. Constructive Tenancy.—A defendant in an action of trespass to try title, and who pleaded not guilty, is not estopped to prove title in himself by reason of having compelled one in adverse possession to attorn to him. Said tenant himself holding under a tenant placed in possession of the land by the plaintiff, the defendant having had possession prior to the plaintiff placing a tenant in the possession.</p> <p>2. Pleading—Limitation.—The suspension of the statute of limitation during the Confederate war, will be taken notice of without it being pleaded as an exception to the running of the statute.</p> <p>3. Quærr.—In the statute of limitation of three years, whether necessary to connect with the sovereignty of the soil where both parties hold under a common title.</p> <p>4 Execution Sale Under Dormant Judgment.—Such sale is not void, but only voidable at instance of defendant in execution.</p>