Carder v. McDermett
Texas Supreme Court
Error from Dallas. Action of trespass to try title, by the plaintiff in error against defendant in error. Answer, among other matters, that the plaintiff purchased the land while the defendant was in the open and notorious adverse possession of the same, claiming it as his own, of which the plaintiff had notice at the time. Exceptions to the plea overruled; verdict and judgment for the defendant. Writ of error by the plaintiff.
1Opinion of the Court
Hemphill, Ch. J.
The only question presented in the present attitude of this case is, whether a purchase of land from a vendor, out of possession, and where this is held adversely by another under a claim of title, is valid and effectual to convey such title as will support against strangers an action of *549ejectment or trespass to try the title. We approach the decision of this question with some embarrassment. The cause was fully argued some time since, and with such ability and elaborateness of investigation as reflected much credit on counsel, and would doubtless have been of signal advantage…
2Cited by10 opinions
- Bentinck v. FranklieTexas Supreme Court · 1873
- Perry v. SmithTexas Commission of Appeals · 1921
- Gray v. FreemanCourt of Appeals of Texas · 1905
- Pope v. DavenportTexas Supreme Court · 1879
- Courtright v. BurnesU.S. Circuit Court for the District of Western Missouri · 1881
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