Whitaker & Galloway v. Allday

Citations

• 71 Tex. 623
• 9 S.W. 483
• 1888 Tex. LEXIS 1197

Syllabus

<p>1. Improvements in Good Faith.—Appellants bought the land March 6, 1883, under an invalid order of sale, and at once took possession and made thereon valuable improvements. Appellee bought the land under a valid order of sale against the same defendant, and brought suit May 11, 1883, for the land. Appellants before the suit had completed their improvements. They sought to recover the value of these improvements. Held:</p> <p>(1) As appellee could not have' claimed, under the statute, compensation against the defendant in execution had he instituted suit within one year from their entry, neither could such claim be asserted against the plaintiff who held the title of such defendant in execution.</p> <p>(2) Where both parties, plaintiff and defendant, claim the land in controversy from the same grantor, and the junior claimant holds the title, the senior claim being invalid, the junior and better title has all the rights of the common source, and the claimant under the imperfect title can not tack his possession to the common grantor so as to make out a claim for improvements as a good faith possessor for twelve months.</p> <p>2. Tenants in Common—Parol Partition.—Two tenants in common in a tract of land made a parol partition. After the partition, one leased a building lot for a term of years, receiving rents therefor. The right of the other was sold under execution, the purchaser having no notice of the partition. The holders of the term were in possession of the lot at the execution sale. In suit by such purchaser, held:</p> <p>(1) That the partition was valid between the owners.</p> <p>(2) That the lessees under one, after the partition, were protected under the partition; and</p> <p>(3) A purchaser, while the lessees were in possession under the lease, was chargeable with notice of the partition to the extent necessary to protect the lessees, etc , that on recovery by the execution purchaser it was error to allow rents against the lessees so holding.</p> <p>3.