Read v. Allen

Citations

• 56 Tex. 176
• 1882 Tex. LEXIS 15

Syllabus

<p>1. Suit against tenant — Effect of as to landlord — Limitation— Part owners.— In an action of trespass to try title the defendant set up a previous judgment obtained against the tenant of the present plaintiff, and claimed that the same was conclusive against Mm. Held,</p> <p>(1) That notwithstanding articles 4789 and 4790 of the Revised Statutes, directing that where the premises are occupied the person in possession shall be the defendant, and, where that person is a tenant, authorizing the landland to make himself a party or be made a party on motion of the tenant, yet where the landlord is.</p> <p>not a party, and has no notice of the pendency of the suit, he is not bound.</p> <p>(3) The petition and judgment in such previous suit against a tenant are inadmissible as evidence to defend the action by the landlord; to treat them as conclusive against the plaintiff in such action is error sufficient for reversal. ®</p> <p>(3) That such previous suit stopped the running of the statute of limitations in favor of the landlord as to an undivided half interest sued for; but this did not apply to the remainder, to which no claim was there made.</p> <p>(4) Where the landlord’s possession has been sufficient to give him title by limitation as against any other part owner than the plaintiff in the previous suit, it is error to award to that plaintiff exclusive possession of the entire premises.</p> <p>(5) It seems that though such possession be insufficient to give title by limitation, it may be sufficient to protect the party from being ejected as a mere trespasser by a part owner suing only in his own behalf.</p>