This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...under the facts as shown by the record they are in no better position. By the conveyance from Lavini Hampton to Revier, the legal title to the certificate passed to him, and upon the issuance of the patent he took the naked legal title to the land in trust for the use and benefit of the holder of the equitable title. Reed v. West, '47 Texas, 240; Robertson v. Du Bose, 76 Texas, 10. There has been no repudiation of this trust, so far as the record shows, by a sale of the property by Revier or his heirs, or by possession claiming the exclusive ownership of the land. The appellants contend that the record shows possession by them through their tenants. There is no express finding as toipossession. The court found that certain of the defendants are the heirs of Wm. K. Revier, and that the other defendants are tenants of such heirs. The court does not find that such tenants are in possession of the land, or, if in possession, the character of their possession, or when it began. The holder of the legal title not having repudiated his trust, it would seem that the claim of plaintiff could not be defeated on the ground that by his laches it had become a stale demand which equity would not enforce. Robertson v. Du Bose, supra.. The above remarks fairly dispose of all the propositions presented b_v appellants in their brief, and require an alfirm-ance of the judgment. i Affirmed. ox MOTION son ADDITIONAL rrnnmos or mow. The record does not contain a statement of facts. We treated the findings of fact filed by the trial court as the facts of the case. The petition alleges that the defendants entered upon and ejected the petitioners from the possession of the land. The defendant pleaded not guilty and stale demand. Under this condition of the pleading..
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