Wootters v. Hall

Citations

• 67 Tex. 513
• 3 S.W. 725
• 1887 Tex. LEXIS 916

Syllabus

<p>1. Disclaimer—Estoppel.—A judgment in trespass to try title rendered in defendant’s favor for costs, based on his disclaimer filed in the cause, estops him from asserting title against those claiming through the plaintiff or his heirs, unless he claims by virtue of some right acquired after the judgment.</p> <p>2. Disclaimer.—A disclaimer filed in trespass to try title admits the plaintiff’s title to the land and considered alone in connection with the petition, entitles the plaintiff to a judgment for the land and the defendant to a judgment for costs. If, however, the plaintiff shows that the defendant was in possession when the suit was brought, the defendant will not be entitled to his costs.</p> <p>3. Superior Title.—A judgment in' trespass to try title was rendered for the defendant, reciting that “the plaintiff had failed to make out his case,” in a subsequent proceeding between those claiming under the defendant and those claiming under the heirs of plaintiff, held, that the former had the superior title.</p>