100 S.W. 801 | Tex. App. | 1907
The defendants in error, plaintiffs below, deraigned title to the land in controversy through a deed from Albert Eldridge to James C. Strong, dated August 22, 1876, and filed for record March 11, 1893. Plaintiff in error deraigned title through a deed from Albert Eldridge to A.D. Goodenough, dated May 4, 1891, and filed for record September 15, 1891. The proof tended to show that Goodenough had bought the land in good faith, paying a valuable consideration for it, without notice of the previous deed, but he was denied the benefit of this defense, the court instructing a verdict against him, because the conveyance to him mentioned above was held to be a mere quitclaim deed, on the authority of the following cases: Threadgill v. Bickerstaff,
"State of Texas, County of Montague. Know all men by these presents, that I, A. A. Eldridge, of the county of Montague and State of Texas, for and in consideration of the sum of $50 to me in hand paid by A.D. Goodenough of the county of Clay and State of Texas, the receipt of which is hereby acknowledged, do by these presents, bargain, sell, release and forever quitclaim unto the said A.D. Goodenough, his heirs and assigns all my right, title and interest in and to that tract or parcel of land lying in the county of Clay, State of Texas, described as follows, to wit: __________ To have and to hold the said premises, together with all and singular the rights, privileges and appurtenances to the same in any manner belonging unto the said A.D. Goodenough, his heirs and assigns so that neither I the __________ A. Eldridge nor his heirs, nor any person or persons claiming under me shall at any time hereafter have claim or demand any title to the aforesaid premises or appurtenances or to any part thereof. Witness my hand this the 4th day of May, 1891. Albert Eldridge."
It seems clear to us that this deed is not to be distinguished from those construed and held in the cases above cited to exclude the defense of innocent purchase. In this connection see the more recent case of Hunter v. Eastham,
Plaintiff in error sought to show by circumstances that the prior deed was only a mortgage, both the grantor and the grantee being dead, and error is assigned to the exclusion of the testimony offered for this purpose, which is set out in the brief of plaintiff in error, but we are of opinion that the circumstances were entirely too remote and inconclusive to raise that issue, and that if all the testimony offered had been admitted, the court would not have been warranted in submitting it to the jury.
One other defense was interposed, that of an outstanding title resting on a tax sale made in the year 1886 for the State and county taxes for the preceding year, but as the proof failed to show full compliance with the statute on that subject the defense fell to the ground. For instance, the land was sold for both the State and county tax, and yet no proof was offered of the levy of the county tax. (Greer v. Howell,
On the foregoing conclusions, which include all the issues, the judgment is affirmed.
Affirmed.
Writ of error refused. *259