Stewart v. Kemp

Citations

• 54 Tex. 248
• 1881 Tex. LEXIS 12

Syllabus

<p>1. Pleading—New parties.— A defendant in trespass to try title answered, denying that he was in possession, and after averring that he had sold and conveyed the land after the filing of the petition, but before service of citation on him, and without knowledge that he was sued, asked that his vendee be made a party defendant. Held—•</p> <p>1. The answer was properly disregarded by the court.</p> <p>2. The refusal to make the defendant’s vendee a party, even if he might properly have been made a party, was not an error of which the defendant could complain.</p> <p>2. Tax title—Evidence.—-A defendant in trespass to try title offered in evidence the condemnation of. the land to be sold for taxes by the county court on November 1, 1867, at a special term thereof, his certificate of purchase, and tax deed. Held—</p> <p>1. No authority existed for the holding of a special term of the county court under the constitution of 1866.</p> <p>2. The evidence was properly excluded; the judgment of condemnation and all proceedings thereunder were alike invalid.</p> <p>3. Quaere—Purchaser at tax sale.—Whether a purchaser of land at tax sale, whose title is invalid, but who neither knew, nor by proper diligence could have known, when he purchased, the invalidity of his deed, is entitled to have refunded to him taxes which were a charge upon the land before the entering of a decree cancelling the tax deed, quaere.</p>