37 Tex. 439 | Tex. | 1873
The only facts material to mention in this case are briefly stated.
Herriman and Smith, claiming title to the property in con
The law in this case is well settled. The vendee, remaining in possession without payment of the purchase-money, cannot dispute his vendor’s title. The vendor had a right to bring his action of trespass to try title, in default of the payment of the purchase-money. The action might have been defeated by a tender of the unpaid purchase-money.
Where both parties deraign title from the same source, and this appears from the pleadings in the ease, the plaintiff need not go beyond the common source of title. The judgment in this case is affirmed.
Affirmed.