Ufford v. Wells

Citations

• 52 Tex. 612
• 1880 Tex. LEXIS 30

Syllabus

<p>1. Pleading.—The plaintiffs, in trespass to try title, in their petition claimed title in themselves as heirs of the original grantee of the land and of his wife, by general allegation to that effect. The petition was excepted to on the ground (1) that it did not state whether the grantee died testate or intestate; (2) nor what estate the plaintiffs claimed in the land sued for; (3) nor whether the grantee was ever married : Held, That since the petition stated a prima-facie case in favor of plaintiffs, its alleged defects were more properly matters of defense than of necessary affirmative allegation in the petition.</p> <p>2. Subsequent purchaser—Parties.—Though a subsequent purchaser is a proper party in all suits to enforce a prior lien, yet he. ma3r ■ not he a necessaiy party except to bar his equit3r of redemption.</p> <p>3. Foreclosure—Subsequent purchaser—Equity of redemption.—If tile superior title remains in the plaintiff in a suit to foreclose, and tile title of the subsequent purchaser is subordinate thereto, the mere fact that lie was not made a party to the enforcement of the lien for the pureliase-mone3r, against the original vendees, although it might operate to prevent any prejudice to his right to the equity of redemption, 3'et could not prejudice the superior title of the plaintiff. If plaintiff’s title was superior before the judgment of foreclosure and the sale thereunder to himself, this would not make it less so.</p> <p>4. Subsequent purchaser —Necessary parties. — The cases in which a subsequent purchaser or incumbrancer, if known, lias been held to be a necessary part3r to a suit to foreclose a prior lien in order to affect his title, are those in which lie held under the superior legal title, subject only to a claim for a lien to he enforced, as in cases of strictly vendors’ liens arising b37 implication upon an absolute deed for land, or mortgages given to secure a debt other than for the purchase-money.</p> <p>5. Purchaser—Superior titl