Rippetoe v. Dwyer

Citations

• 49 Tex. 498

Syllabus

<p>1. Pleadings—Trespass to try title.—In an action of trespass to try title in the ordinary form, with the plea of not guilty, the equities of parties to the suit in the land in controversy, which was sold under a decree foreclosing the vendor’s lien, and which equities grew out of the relation of the parties prior to such sale, will not be inquired into. The equities must be set out in the pleadings.</p> <p>2. Tenants in common.—Parties acquiring titles to parts of a tract of land subject to an .incumbrance by different instruments and at different times, there being no agreement, between them, respecting the title, are under no such relation to each other as to prevent one Of them from purchasing such incumbrance, or an outstanding title to the whole tract, in his own right.</p> <p>3. Order of liability to sale under a decree enforcing an incumbrance.—Ordinarily, where parts of an estate incumbered by a mortgage or lien are sold at different times, such tracts are liable to be sold in the inverse order of the date of such sales, the latest first.</p> <p>4. Practice in Supreme Court.—A sheriff’s deed conveyed all the interest of the defendant in a foreclosure suit at the date of the decree ; part of the land bad been sold pending the suit; the point was not raised in the court below: Held, That the question as to the effect of the sheriff’s deed will not be limited so as to exclude that sold pending the suit,1 and before the decree, when first raised in the Supreme Court.</p> <p>5. Sheriff sale—Legal title .—In ease of a j ndicial sale made under a valid subsisting judgment or decree authorizing the execution or order of sale under which the officer acted, where the proceedings are regular, resulting in a deed to a purchaser, such purchaser takes a title which will be held valid until set aside by proceedings had for that purpose.</p>