Watson v. Hewitt

Citations

• 45 Tex. 472

Syllabus

<p>1. Trespass to try title — Pleading.—When the petition disclosed that the main object and purpose of the suit was to try title to tiie undivided half of a tract of land as to which there was a controversy and of which plaintiff alleged that he had been wrongfully dispossessed by the defendant: Held, That although there was a prayer for partition, the suit was an action of trespass to try title; and that under a plea of not guilty, defendant conk! set up any matter of defense denying the title of plaintiff, or showing that defendant liad acquired title to the land in controversy.</p> <p>2. Estoppel — Inventory of administrator. — A purchaser of land from the husband, as administrator of his deceased wife’s estate, sold by him under proceedings in the Probate Court, insisted on as insufficient to bind the estate, is not estopped from denying that the property was community property by the inventory of the husband as administrator.</p> <p>3. Same. — Only such parties as have acted on the faith of admissions, or against whom the subsequent assertion of the truth of the case would operate as a fraud, can insist upon ¡lie estoppel.</p>