Mitchell v. Schofield
Mitchell v. Schofield
Opinion of the Court
This is an action of trespass to try title, brought by appellants to recover of appellees a certain parcel of land. Appellees recovered below, and the appellants prosecute this appeal.
The evidence shows that George Lytle, Sr., and his first wife, Sallie, are the parents of the appellants. Said Lytle and wife, Sallie, acquired title to the land by the statute of limitation of 10 years during their coverture. After the title hadi been so acquired, Sallie Lytle, the first wife, died. George Lytle, Sr., afterwards married Annie Lytle. He, with his second wife, continued to occupy the land. While so occupying the land they deeded the land for a valuable consideration to appellee J. D. Schofield. Schofield at the time of his purchase knew nothing of George Lytle, Sr., ever having been previously married, or of his having any children, and had no notice of appellants’ claim to any Interest in the land. Before the purchase by Schofield the Gulf, Colorado & Santa Fé Railway Company had sued George Lytle, Sr., for the land, and judgment was rendered for Lytle, which recited that the railway company take nothing by reason of said suit, and that defendant George Lytle do have and recover from the plaintiff" the property described in plaintiff’s petition, and that the title and possession of said land be settled and quieted in the defendant George Lytle, Sr. Schofield knew of that judgment and that the land had been acquired by George Lytle, Sr., by limitation.
The question for solution is: Can a surviving husband convey a good title to land acquired by him and his deceased wife by limitation to an innocent purchaser, when there are living children of the deceased wife?
*255
We think the principle announced in those cases applies to this case, and the judgment is affirmed.
Reference
- Full Case Name
- MITCHELL Et Al. v. SCHOFIELD Et Al.
- Cited By
- 5 cases
- Status
- Published