Tevis v. Armstrong

Citations

• 71 Tex. 59
• 9 S.W. 134
• 1888 Tex. LEXIS 1100

Syllabus

<p>1. Trespass to Try Title for Lands in Different Counties.—An action by tenants in common in two tracts of land located under one land certificate, but in different counties, and against heirs of the grantee of the certificate, in trespass to try title, can be maintained for both tracts, there being no plea in the abatement nor special exceptions as to the tract of land lying in the county other than that in which suit is brought. (67 Texas. 382, Martin v. Robinson; 11 Texas, 400, Ryan v. Jackson; See. 13, Rev. Stats., 1198.)</p> <p>2. Parties.—Unless partition be asked the absence of all claimants as defendants is immaterial in an action of trespass to try title.</p> <p>3. Possession.—A petition alleging ownership of land in plaintiffs, and an adverse claim by the defendants is sufficient in alleging a cause of action without alleging possession or right of possession in the plaintiffs.</p> <p>4 Testimony—Practice.—Only such objections as are urged tc the admissibility of testimony will be considered on appeal. Objection to depositions are governed by statute.</p> <p>5. Stale Demand.—In an action for a locative interest upon a contract for a deed to be made on issuance of patent, such claim does not become a stale demand until ten years after issuance of patent in absence of complaint or repudiation of the contract on account of delay before patent, regardless of the time between the contract and the patent.</p> <p>6. Probate Records as Evidence of Title.—See testimony held insufficient as a link in the chain of title on account of variance in the description of land certificate, alleged to have been partitioned by decree of a probate court.</p> <p>7. Same—Stale Demand.—Proceedings to correct a misdescription in a decree of partition entered prior to May 21, 1871, and brought August 29, 1883, are brought too late. (47 Texas, 239; 51 Texas, 647; 54 Texas, 85.)</p>