Benge v. Scharbauer

I agree with the disposition of this case and with what is said in the opinion of Judge SUTTON. In my opinion we have here presented' an estoppel ■ against an es-toppel. The Scharbauer’s deed with the covenant of general warranty operates against them. The contract on the part of Benge contained in the deed estops him and his successors in title from questioning the right of the Scharbauers to three-eighths of the bonuses, royalty, etc.

As recognized in the case of Duhig v. Peavey-Moore Lumber Company, 135 Tex. 503, 144 S.W.2d 878, a covenant of general warranty of title operates by the way of…