Texas Land Co. v. Moon

Citations

• 52 Tex. 477
• 1880 Tex. LEXIS 16

Syllabus

<p>Purchase-money.—A defendant who was sued for unpaid purchase-money due on Ills notes, made in 1872, for eighty acres of land, and to enfore the vendor’s lien, answered, charging fraud in the procurement of the notes, and alleging that he had been in possession of the land since 1856, and prayed for a cancellation of the notes, the recovery back of tlie money paid on them, and for judgment for six hundred and forty acres of land, of which the eighty acres formed a part. The issue of fraud being found in favor of the defendant, the judgment was for repayment of the money collected on the notes, their cancellation, and vesting title in defendant for the eighty acres : Held—</p> <p>1. There was error in so much of the judgment as decreed the title to the land in defendant, as the plaintiff was not required by the pleadings to meet the issue of the merits of his title, but only that of fraud in the sale.</p> <p>2, Even had the defense of limitation been properly pleaded, there was not ten years’ adverse possession, independent of the period during which the statute was suspended.</p>