McClanahan v. Stephens

Citations

• 67 Tex. 354
• 3 S.W. 312
• 1887 Tex. LEXIS 883

Syllabus

<p>Trespass—Damages.—One who purchased at tax sale a title to land which he was afterwards advised by legal counsel that he had acquired a good title to, sold it to another who cut timber thereon. In a suit brought by the real owner against the vendor, and also against his vendee who committed the trespass, to recover the land as well as damages for the trespass, held:</p> <p>(1) The real owner could not maintain his action of trespass against the vendor unless it appeared that he acted in concert with his vendee in the illegal act, or that injury was the natural and proximate result of some apt done by them.</p> <p>(2) Though the vendor knew that the vendee was engaged in the lumber business, and may have supposed that he purchased the land in order to cut timber from it, the sale alone was not the proximate cause of the injury.</p>