Henderson v. Moss (82 Tex. 69, 1891)

. STAYTOH, Chief Justice.

Appellee brought this action to recover the lot in controversy, and bases his right to recover on the following agreement and judgment rendered by the District Court for Bowie County:

“1769. E. H. Moores, Jr., v. W. J. Moss—March 17, 1881.—On this day this cause came on to be heard, and the court now here enters judgment in accordance with the following agreement, to-wit:

‘‘ ‘E. H. Moores, Jr.,v. W. J. Moss—In the District Court, March Term, 1881.—It is agreed by the parties to the above suit that the same be settled upon the following terms: W. J. Moss is to recover the property in controversy, possession to be given him upon payment of the amount of purchase money, $300, and interest from the time it was to have been paid originally, less the excess of the value of the rents of the property since B. H. Moores, Jr., has had possession, over the value of the improvements put on the premises by E. H. Moores, Jr., the value of the rents to. be at the rate for which the property was rented by .the Knights of Honor, and the value of improvements to be determined as follows: Bach party to select a man, and the two men thus selected to have the right to select a third if they can not agree, and they to fix the value of said improvements. It is further agreed that plaintiff E. H. Moores, Jr., is to pay all costs in this suit. ‘E. H. Moores, Jr.