Simpson v. Belvin

Citations

• 37 Tex. 674

Syllabus

<p>1. Being sued on his warranty of title to a city lot, defendant pleaded that plaintiff had sold part of the lot and received payment for it; wherefore defendant reconvened for the amount thus received by plaintiff. The plaintiff moved to strike out the plea because it was irrelevant, and because defendant did not claim to have ever had title to the lot. Held, that the motion to strike out was correctly sustained.</p> <p>:2, In a suit against a guardian, founded on a breach of a warranty of title made by the ancestor of defendant’s wards, the plaintiff alleged that defendant, as guardian, had received from such ancestor’s estate property worth twenty thousand dollars. Defendant excepted, because plaintiff had not described the property nor alleged it to be liable to forced sale. Held, that it was not error to overrule these exceptions.</p> <p>8. Vendor of real estate for cash warranted the title, and vendee, being evicted by paramount title, sued vendor on his warranty. Held, that plaintiff was entitled to recover his purchase-money with interest from date of his purchase, and not merely from date of his eviction.</p> <p>4. Being sued on a warranty of title to real estate, the defendant asked the court to instruct the jury, that plaintiff could not recover unless he had proved that defendant was a party to, or had notice of the suit whereby the plaintiff had been evicted, or else had proved that the evictor’s title was paramount. Held, that this instruction was properly refused ; if plaintiff had proved that he was evicted by judgment of a court of competent jurisdiction, he was entitled to recover in this suit.</p> <p>5. Being sued in the District Court as guardian of minors, defendant waived citation and accepted service. Held, that this gave the court full j urisdiction over the minors, and their estate in the defendant’s hands; and that the subsequent attainment of their majority by the wards, pendente lite, did not oust the jurisdiction—the wards not having m