Pilcher v. Kirk

Citations

• 60 Tex. 162
• 1883 Tex. LEXIS 288

Syllabus

<p>1. Action by tenant in common.—The right of one tenant in common to recover the entire tract of land from one having no title was not affected by the Revised Statutes, but the same exists as recognized in Croft v. Rains, 10 Tex., 523, and Watrous v. McGrew, 16 Tex., 510.</p> <p>2. Good faith—Improvements.— One who purchases land from another, whom he honestly believes to be the grantee of the same, he having the same name with the grantee, and, having paid for and entered upon the land, makes, permanent improvements thereon, ignorant that some other person has the better right, is entitled to recover from the true owner, under the terms of the statute, compensation for his improvements.</p> <p>3. New trial.— See opinion for a case in which the appellant was entitled to a new trial because of the absence of facts to sustain the verdict.</p>