Lyles v. Murphy
Texas Supreme Court
Appeal from El Paso. Tried below] before the Hon. S. B. Newcomb. Suit brought by the appellant, which, after several amendments of petition, was an action for the possession of real property leased by appellant to appellee, and for rent! due according to the terms of the lease.
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Appeal from El Paso. Tried below] before the Hon. S. B. Newcomb. Suit brought by the appellant, which, after several amendments of petition, was an action for the possession of real property leased by appellant to appellee, and for rent! due according to the terms of the lease. The defendant and appellee, among other things, set up title in himself to the premises leased; charged that plaintiff had no title except such as he derived by purchase from one Hubbell; that he, defendant, owned the land before and at the time the location was made thereon by Hubbell, and that the patent which issued…
1Opinion of the CourtWalker, J.
It is somewhat difficult to determine the precise nature of this action. The plaintiff brought his suit to recover the possession of real property, and for rent due ; and in his original petition tendered an issue of title, but amended his pleading, counting only upon his own possession at the time of the making of the lease to the defendant, the defendant’s entry under the lease, his forfeiture of the lease by refusal to pay rent, and his refusal to surrender. The defendant sets up title in himself. The rule of law is well settled that a tenant in possession cannot dispute his landlord’s…
2Cited by4 opinions
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