28 S.W. 551 | Tex. App. | 1894
This is an action of trespass to try title to 208 acres of land in Bexar County, commonly known as the Bedford Hodge tract, brought by appellees against appellant. Appellant answered by general demurrer and special exceptions, and by pleas of not guilty, and improvements in good faith. The exceptions were overruled, and the case being tried before a jury, they returned a verdict in favor of appellees for the land, that the improvements placed on the land by appellant were worth $750, that the value of the use and occupation of the land was $62.40, and the land was of the value of $1600. Upon this verdict the proper judgment was rendered.
Appellees first sued in the name of Walter Tips, A.G. Castanola, of the firm of M. Castanola Son, Armita Conover, and Mary A. Brown, joined by her husband. Afterwards an amended petition was filed, describing the plaintiffs as Walter Tips, M. Castanola Son, a firm composed of A.G. Castanola and M. Castanola, Armita Conover, and Mary A. Brown, joined by her husband. The only change made in the parties is the addition of the firm of Castanola Son, or rather the addition of the name of the other partner of the firm. We are of the opinion that the amendment did not set up a new cause of action. The law of amendment in this State is liberal, and it would be contrary to its spirit to hold that the addition of a new party, or even a change of the capacity in which one of a number of plaintiffs sue, would be setting up a new cause of action. If there had been an entire change of parties, or the capacity in which they sued, there might be some force in the contention, but even in that event the matter would resolve itself into one of costs. Roberson v. McIlhenny,
Appellees introduced as a link in their chain of title a deed from W.T. Lytle to John T. Lytle and James Speed, and it is insisted by appellant that this instrument is a quitclaim deed, and as such conveyed only such interest as W.T. Lytle owned at the time the deed was executed, and any title acquired by said Lytle afterwards did not inure to the benefit of the vendees in said deed, and said deed being only a quitclaim deed, did not give notice of any adverse claim to any subsequent purchaser for value of the after-acquired title. It is the settled law of Texas, which was recognized by the judge who tried this cause, that a party receiving a quitclaim deed to land can not be *652
deemed a bona fide purchaser of any greater interest therein than his grantor had at the date of the execution of the deed. Rogers v. Burchard,
The deed of W.T. Lytle conveys to J.T. Lytle and James Speed "all that certain real and personal property, to wit, my right, title, and interest in and to a tract of land situated in Bexar County, Texas, containing about 209 acres, and known as the Bedford Hodge tract," and immediately following the description of the land, the deed continues, "to have and to hold the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said John T. Lytle and James Speed, their heirs and assigns, forever." We are of the opinion that the deed conveyed the land itself, and not the mere chance of title. Abernathy v. Stone,
In the case of Garrett v. Christopher,
The deed does not of itself give notice that the tract of land sold by W.T. Lytle to appellant was the same sold by him to John T. Lytle and James Speed, and in order to make it effective it became necessary to show that the two deeds conveyed the same tract, and that this was known to appellant at the time he purchased. Purchasers are only charged with constructive notice of the facts actually exhibited by the record, and not with such as might have been ascertained by such inquiries as an examination of the record might have induced a prudent man to make. Taylor v. Harrison,
The judgment is reversed, and the cause remanded.
Reversed and remanded. *654