Wethered v. Boon
Texas Supreme Court
Appeal from Shelby. Tried below before the Hon. Archibald W. 0. Hicks. Suit commenced January 19th, 1848, by the appellee against appellant, to recover one half of a league of land. The league was patented to the defendant as assignee of the plaintiff.
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Appeal from Shelby. Tried below before the Hon. Archibald W. 0. Hicks. Suit commenced January 19th, 1848, by the appellee against appellant, to recover one half of a league of land. The league was patented to the defendant as assignee of the plaintiff. There was evidence conducing to prove that the plaintiff had authorized one Harrison E. Watson to obtain her certificate in his own name as her assignee; and that the agreement was that he should locate it and perfect the title, and then reconvey the plaintiff one half. The application for a certificate by Watson as assignee was refused by the…
1Opinion of the CourtWheeler, J.
It is admitted by the plaintiff, that Watson had authority to procure from the Board of Land Commissioners the issuance of her certificate, and perfect title to the land. If, as she alleges, by the contract he was to obtain the certificate in her name, and was not authorized to procure it to be issued in his own name and right, and the title in part remained in her, he, upon obtaining the certificate in his own name, became her trustee, to the extent of her own interest, clothed with the legal title in trust for her. The case is not materially different in principle from that of one who…
2Cited by41 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- Watkins v. EdwardsTexas Supreme Court · 1859
- Boon v. F. M. Weathered's AdministratorTexas Supreme Court · 1859
- Hawley v. BullockTexas Supreme Court · 1867
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