Yeary v. Cummins

Citations

• 28 Tex. 91

Syllabus

<p>When the execution of a title bond, which was the foundation of an action for specific performance, was not denied under oath, the instrument must be regarded as fully proved, according to the rules of the common law, and such proof dispensed with the registration and notice required by the 90th section of the act to regulate proceedings in the district court. (Paschal’s Dig., Art. 1443, Note 549, and Art. 3716, Note 840.)</p> <p>See the opinion, for a review of the decisions of this court as to the period of limitation applicable to actions for specific performance founded on title bonds for land. It seems settled, that no period less than ten years will bar such an action, when brought by a vendee who has paid the purchase-money, and between whom and his vendor a trust relation has been established, and that the limitation in such cases does not begin to run until the vendor has indicated an intention to refuse performance or to claim the land as his own. (Paschal’s Dig., Note 1017.)</p> <p>A vendor of land covenanted, by his title bond, to make title to his vendee as soon as the patent issued. In point of fact,, the patent had already issued to the vendor, but both parties were ignorant of that fact at the date of the bond. Held, that a mutual mistake of such a character should not be construed to the prejudice of either party; that laches was not imputable to the vendee, so long as he was ignorant of the issuance of the patent; that limitation did not begin to run against him either from the date of the bond or the issuance of the patent, but that he was to be allowed at least a reasonable time within which to learn of the issuance of the patent, and until the lapse of which limitation could not begin to run against him. This court cannot say that a month and á half was an Unreasonable time for the jury to allow to a vendee in such a case, for the purpose of acquiring a knowledge of the issuance of the patent.</p> <p>When defendants jhad interposed every poss