Towery v. Henderson

Citations

• 60 Tex. 291
• 1883 Tex. LEXIS 323

Syllabus

<p>1. Delivery of deed.— One who contracted, verbally for the purchase of land testified that he went with the owner of the land to a lawyer’s office and had the deed drawn up, when the owner delivered it to him, and then he handed it back to the owner that he might acknowledge it for registration, when both went to hunt an officer for that purpose, the note for purchase money having been already delivered to the vendor of the land. The vendor-refused afterwards to acknowledge the deed. Held, the question of delivery of the deed vel non was for the jury, the evidence being conflicting; but if the facts occurred as above stated there was a delivery of the deed.</p> <p>2. Tenancy—Estoppel.—-One who assumes after occupancy, without contract, the relation and rights of tenant to the owner of the land occupied, may be treated as a tenant, and will be estopped from afterwards denying that the relation of landlord and tenant existed. Following Word v. Drouthett, 44 Tex., 371.</p> <p>3. Ouster — Purchase of outstanding title.— The taking of a deed by one of two co-tenants to the entire property and placing the same on record is not an ouster of the co-tenant, nor can it be construed into notice of a claim to exclusive and adverse possession.</p>