Van Valkenburg v. Ruby

Citations

• 68 Tex. 139
• 3 S.W. 746
• 1887 Tex. LEXIS 654

Syllabus

<p>1. Verdict.—Though a verdict may be informal, if it be responsive to all the issues and its meaning clear, it will be held good; but if its construction be doubtful, no judgment can be rendered on it.</p> <p>2. Dama oes—Trespass to try Title.—When in an action of trespass to try title and to recover possession, the plaintiff has obtained a writ of sequestration, and the verdict is in his favor, no damages can be awarded for wrongfully sueing out the writ, even in favor of a defendant in possession who is found to have made improvements on the property in good faith.</p> <p>3. Improvments ir Good Faith.—Under first section of the act of February 5,1840, substantially re-enacted in the statute (Rev. Stats., art. 4813), a plaintiff in trespass to try title, who recovers judgment against a defendant in possession in good faith who has made valuable improvements, is afforded a remedy reasonable in itself under which he may obtain the possession after doing equity. Equity requires that he shall first pay the excess of the value of improvements over the rents, and the law in requiring this does not delay the plaintiff in his remedy, but the courts will not by construction extend the operation of the statutes in favor of a possessor in good faith, beyond this.</p>