Thompson v. Comstock

Citations

• 59 Tex. 318
• 1883 Tex. LEXIS 163

Syllabus

<p>1. Improvements in good faith.— A party claiming in trespass to try title the value of improvements made on the land, must set up, as he would any other fact, his claim for improvements, and set forth specifically the ground on which that claim is based. A general informal suggestion to the court, that he has made permanent and valuable improvements, and was a possessor in good faith, which was sufficient under a former statute, .will not comply with the law. R. S., art. 4813.</p> <p>2. Improvements — Possessor in good faith.— A defendant who had been sued for title and possession of a school section of land, which had been purchased by the plaintiff! pleaded that he was “informed by the county surveyor of the county where the land was situate, that it was vacant public domain; ” that he filed upon the same, as a pre-emptor, established his home, made valuable improvements thereon, and procured survey and field notes thereof to be forwarded to the general land office; that afterwards learning his mistake, he applied to purchase the same from the state as a school section. On this statement he set up possession in good faith, and claimed compensation for improvements. Held,</p> <p>(1) That proof of all the facts alleged would not sustain a plea of good faith.</p> <p>(2) The plea under former decisions would have been good had it shown that he was an occupant without knowledge, or the means by the use of ordinary diligence of learning, that the land was not public domain. Citing Sellman v. Lee, 55 Tex., 322; Powell v. Davis, 19 Tex., 382.</p> <p>8, Same. — The following decisions referred to as furnishing a proper guide for instructions in such cases: French v. Grenet, 57 Tex., 273; Sartain v. Hamilton, 12 Tex., 220; Hill v. Spear, 48 Tex., 583; Dorn v. Dunham, 24 Tex., 380; Hutchins v. Bacon, 46 Tex., 409.</p> <p>4. Hearsay.— A defendant sued for land to which the plaintiff had acquired title before the defendant attempted to secure thé same as a pre-emptor, canno