Elam v. Parkhill
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. D. M. Prendergast, special judge. Trespass to try title, brought by J. Wiley Parkhill et al., to recover one hundred and sixty acres of land, claiming the same through the will of Joel Parks, deceased, which was dated February 6, 1867, probated January, 1868, and was as follows: “ The State of Texas — County of Hill.
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Appeal from Hill. Tried below before the Hon. D. M. Prendergast, special judge. Trespass to try title, brought by J. Wiley Parkhill et al., to recover one hundred and sixty acres of land, claiming the same through the will of Joel Parks, deceased, which was dated February 6, 1867, probated January, 1868, and was as follows: “ The State of Texas — County of Hill. “Know all men by these presents, that I will and bequeath to Elizabeth Caroline Parkhill and her present heirs the land I now live on, which I bought of Thos. T. Taylor, and all the separate property that I now own. It to belong to E.…
1Opinion of the Court
Watts, J. Com. App.
It is claimed that the court erred in excluding the evidence offered by the appellants as to the good faith of their purchase, and as to the value of the improvements placed upon the land.
To entitle a party to a recovery for the value of improvements it is essential that he be a possessor in good faith. That is, he must believe that he is the true owner of the land, and be ignorant of the fact that his right is contested by some person claiming a superior title; and notwithstanding he may have notice of an adverse claim, yet if he has reasonable and strong ground, for…
2Cases cited3 opinions
- Dorn v. DunhamTexas Supreme Court · 1859
- Hatchett v. ConnerTexas Supreme Court · 1867
- Houston v. SneedTexas Supreme Court · 1855
3Cited by13 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Sargeant v. SargeantTexas Supreme Court · 1929
- Sparks v. RobertsonCourt of Appeals of Texas · 1947
- Richardson v. McCloskeyCourt of Appeals of Texas · 1924
- Pritchard v. . WilliamsSupreme Court of North Carolina · 1918
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