Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1883-03-20
COURT DECISIONS.
GALVESTON TERM, 1888. !
Supreme Court,

l''lhl'N IsSip+N ifiNht i'7Yo'
Supreme Court,
Ranger W.. Bedell ct al. From Wal
Ter county. Opinion of Judge Watts
adopted. Valid judgments, orders Of
sale, advertisements, sales, and the
payment Of the amounts bid, consti-
tute the title of the purchaser to the
property, and the sherifl7s deed is but
evidence Of such title, and is not in
dispensable. [6 Tex, 80; Tex, 300.
Apparent title only, with n chain of
transfers from the sovereignty of the
soil down to the party in possessions,
will not support the plea of three years
limitations. In addition to such
claim Of transfers, there must be title
as a basis for such limitation Brown
vs.. Flynn, last Tyler term; 81 Tex,
1872. The judgment Is reversed and
rendered, so that the plaintiff in error
recover the following property: Lot
No. T, in block l05, In the town Of
Hampstead. Reversed and rendered.
Branch w. Williams From Calves
ton county. Opinion of Judge De
lauy adopted. No hiection being
taken to parol evidence TO prove that
appellant purchased at his own risk,
he can not raise that question for the
W,
~ Tex, 55S The record shows that
appellant was an attorney-at-law; that
before his purchase he engaged In re-
sisting, and did successfully resist GER
tain claims against the land, which
were based against the very title which
he now sets up as perilous oiitstand-
ing tite, discovered sincehis purchase.
The evidence il sufficient To support
the plea that he purchased at his own
risk. He purchased two-tiir]e of "A
tract Of land for $1,000, which IN 1865
sold for over SAG, 600 He was dealing
with u woman, who intrusted him
with the preparation of the title
papers, ms well ms the notes, the pay
ment of which he now seeks TO avoid,
He pleads n failure of title, the nsoIv-
ency of the plaintiff and her other in
ability to respond In damages on the
warranty, but he does not propose to
resclnd the contract or surrender the
land. Affirmed.
Cantagrel ct al. w. Won Lupin ct
nj. From Harris county. Opinion of
Judge Delaney adopted. The only
questions noticed nre those arising out
OF the plea ct the stetute oflimitations
| Held, the possession of defendant was
such as is contemplated by the statute.
| IL wns an actual, visible and exclils-
| I've appropriation of the land and con-
! tinued under u claim OF right AL
| though defendant was In possession
! under n claim or color of title, and
! was not therefore to be regarded as n
mere naked disseilor, yet he placed on
| the land substantial, visible in
! closure, which h said TO he decisive
/ proof OF the dissczin of the true owner.
| rs Tex, 2S5. The description made
| OF the property IN the decd, viz, all
1 OF the property owned hv the vendor
| IN Harris county Is sufficient %
Tex, 1876. Whether Girard had au-
thorlty TO execute the Instrument Is
! not the question. He made il, elaine
/ ing TO be the agent of Cantaprel
I Blanc held under 1t, recognizing Cam
1 tugrcls title aud repudiatlng the title
of plaintiff, Plaintiff can not pretend
! that he was holding under them. and
( having acquicsccd m his hostile pos.
sossions for more than live wears. they
/ can not make this objection 10 the
lease. 20 Tex, 3i3, Reversed and
! Judgment rendered for defendant.
reversed and rcmandud.
Heirs OF Jones W.. pauls Heirs
galveston county. Opinion of judge
Delany adopted. In former times n
vendor could not sue upon his WAR
| ranty unless he had been actually
erioted by one claiming under a nare.
mount title. Now the law Il NOT 81
strict fanny paramount title Is posi.
lively asserted against the vendee, no
Is not required to make an unavailmv
aud useless resistance against the claim
ol the title which l. manliestly superb.
or, aud must prevail. Under .uch
circumstances he may give un his
lane and resort to his warrant. The
possession orthe vendce under the lille
which he acquired with warranty
Is not disturbed 10y the mere existence
OF the superior title, and he has no
rlghl to presume that IL will he dis
tltrhcu 'lntii he actually feels It's pres
sure upon him. This rulnpresupnoses
That the rendee has taken possession
OF the land, and has suffered an civic
ton, either actual nr constructive.
When. however, the vcntlee has MOI
takcl POSSESSION the rule H. that
when at the time of the conveyance
the grantee finds the premises I'M nos.
session OF one claiming under a paIn.
m",tht title, the Vnnvunslut for atlirt
possession or M warranty will be held
70 he broken without auy other art ON
the part nf either the grantur or the
rialllihnt, Reversed and renlanded
MctAdtineta AT, ". langham From
Jefferson county. Opiuion of Walker.
T. j., adopted. Thiscase involves The
question rs TO the constitutionality OF
the "act To require persons inclosinu