Sellman v. Lee

Citations

• 55 Tex. 319
• 1881 Tex. LEXIS 123

Syllabus

<p>1. Pleading in trespass to try title.™ An answer in trespass to try title which asserts defendant’s claim to an undesignated portion of the land sued for, is bad for vagueness and uncertainty. Under such an answer, if the defendant should be defeated in the action, and he should sustain his defense of permanent and valuable improvements made in good faith on the land sued for, no decree could be entered in accordance with the statute.</p> <p>3. Judgment.— A judgment in trespass to try title, which authorizes a defendant who has been defeated in the action, but who has established the making in good faith of permanent and valuable improvements, to designate at a future day the location of art undescribed portion of the land recovered, which he claimed in good faith, and which was not designated with certainty in his answer, is not warranted by the statute.</p> <p>3. Pbe-ehbtob—Settleb in good faith.— One who settles upon what he believes to be public domain, with an honest belief that he is entitled to acquire the land occupied by him as a pre-emptor, is entitled to pay for improvements made during such occupancy.</p>