Thomas v. Quarles

Citations

• 64 Tex. 491

Syllabus

<p>1. Parties. — A defendant, in trespass to try title, in possession by virtue of his wife’s claim, to the property, has no right to suspend proceedings in the cause until his wife can be made a co-defendant. His possession by virtue of his wife’s claim may be defended without the necessity of making her a party. Her rights would not be concluded by the judgment, and the disadvantage which might result from her non-joinder as a defendant would affect the plaintiff alone.</p> <p>2. Practice in supreme court. — The failure of the court to make a finding, when the case is tried without a jury, upon an issue fairly involved in the pleading and evidence, where the complaining party has not requested a finding upon it, cannot be made a ground of error when urged for the first time in the supreme court.</p> <p>3. Improvements in good faith.— When, under a plea of improvements made upon land in good faith, the defendant fails to show the value of the land, without regard to the improvements, and there is no evidence on that point, he cannot recover, since his right under the statute is only to recover the difference between the value of the land with, and its value without, improvements.</p>