Lea v. Hernandez
Texas Supreme Court
Appeal from Goliad. Action of trespass to try title, by Lea against Hernandez. Lea claimed under a lease from the corporation of the town of Goliad, dated in 18 Í7, to one Miller. The lease was to last until the corporation should sell or the possession should he recovered from the lessee by an adverse claimant. Miller was in possession at the time of the lease. He afterwards assigned his lease to Lea, who had a similar lease to land adjoining.
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Appeal from Goliad. Action of trespass to try title, by Lea against Hernandez. Lea claimed under a lease from the corporation of the town of Goliad, dated in 18 Í7, to one Miller. The lease was to last until the corporation should sell or the possession should he recovered from the lessee by an adverse claimant. Miller was in possession at the time of the lease. He afterwards assigned his lease to Lea, who had a similar lease to land adjoining. Several witnesses testified that Lea “held possession of the premises in connection with the part “leased to himself.” Miller testified that “he knows…
1Opinion of the CourtWheeler, J.
It is insisted on behalf of the appellant, and plaintiff below, that he was entitled to recover, 1st, by virtue of his lease; 2d, by reason of his prior possession; and that the judgment of the court, denying- his right, is, consequently, erroneous.
The lease constituted the lessee the tenant at will of the corporation. The death of either lessor or lessee puts an end to the estate at will. By the dissolution or civil death of the corporation in this case, the estate at will was determined. No estate survived and subsisted in the plaintiff by virtue of the lease; and it consequently was no…
2Cited by27 opinions
- Land v. TurnerTexas Supreme Court · 1964
- Texas & Pacific Railway Co. v. MurphyTexas Supreme Court · 1876
- Supreme Council of A. L. of H. v. AndersonTexas Supreme Court · 1884
- Hill v. HunterCourt of Appeals of Texas · 1913
- Pacific Express Co. v. DunnTexas Supreme Court · 1891
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