Brokel v. McKechnie
Texas Supreme Court
Appeal from Tom Green. Tried below before the Hon. William Kennedy. In this suit, the appellees in possession of the land sued for claimed through mesne conveyance under a deed from one 0. D. Footé to H. Lightner, dated October 2,1878, and duly recorded on that day, purporting to convey the interest of Foote to a tract of land in Tom Green county, described as follows: “Survey number nine hundred and forty-four, in the name of Fredrick Bodenstein, it being the same land…
Read the full summary
Appeal from Tom Green. Tried below before the Hon. William Kennedy. In this suit, the appellees in possession of the land sued for claimed through mesne conveyance under a deed from one 0. D. Footé to H. Lightner, dated October 2,1878, and duly recorded on that day, purporting to convey the interest of Foote to a tract of land in Tom Green county, described as follows: “Survey number nine hundred and forty-four, in the name of Fredrick Bodenstein, it being the same land bought, by me from A. Mcllvain, tax collector of Tom Green county, at a tax sale on the seventh of May, 1878.” The land sued…
1Opinion of the Court
Maltbie, Judge.
It is clear that appellees could only prescribe under the deed from Foote to Lightner, as the evidence shows that the deed from Lightner to McKechnie, which was for *33survey 941, was not recorded until the sixteenth of February, 1880, only four years and four months before the filing of the suit in this case. The main question to be determined is, was the deed from Foote to Lightner, tested by its own recitals, sufficient to put the owner of the land on notice that his possession had been invaded? This would depend on whether the description contained in the deed, would, unaided…
2Cited by20 opinions
- Cullins v. Foster, Texas Court of Appeals, 14th District (Houston)2005
- Walker v. MaynardCourt of Appeals of Texas · 1930
- Langham v. GrayCourt of Appeals of Texas · 1920
- Brownfield v. BrabsonCourt of Appeals of Texas · 1921
- Crumbley v. BusseCourt of Appeals of Texas · 1895
15 more not listed; retrieve them via the Exa API.