Ragsdale v. Gohlke

Citations

• 36 Tex. 286

Syllabus

<p>1. When a person, by words or conduct, willfully causes another to believe a certain state of things, and induces Mm to act on that belief, so as to alter his previous position, the former is concluded, as against the latter, from averring that a different state of things existed.</p> <p>2. The plea of “ not guilty ” in an action of trespass to try title is an answer to the entire petition, and entitles the defendant- to prove any defense, whether legal or equitable. The defendants in the present case proved representations of the plaintiff which are deemed to estop the latter from claiming the land in controversy, as against the defendants.</p> <p>,8. To enable a defendant to recover compensation for improvements made in good faith, it is necessary that he should aver that he entered under claim of title. (Powell v. Davis, 19 Texas, 382, cited by the court.)</p>