Sample v. Irwin
Texas Supreme Court
Appeal from Washington. Tried "below before the Hon. I. B. McFarland. This was an action of trespass to try title, brought by Irwin and wife against Henry Sample. Both parties claimed title to the land in controversy under one E. S. Woodford.
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Appeal from Washington. Tried "below before the Hon. I. B. McFarland. This was an action of trespass to try title, brought by Irwin and wife against Henry Sample. Both parties claimed title to the land in controversy under one E. S. Woodford. The appellees claimed under a deed from Woodford to Eliza McEadin, dated on the 5th of March, 1862, and duly recorded on the 5th of June, 1868, and a deed from Eliza McEadin and her husband, N. A. McEadin, to appellee, Mrs. Irwin, dated May 4, 1867, and duly recorded on the 5th of June, 1868, both of which were read in evidence without objection. The…
1Opinion of the Court
Gould, Associate Justice.
The deed of trust was not properly authenticated for record, and was not admissible in evidence as a registered deed.
In the case of Brown v. Moore, 38 Tex., 645, an acknowledgment of a deed of trust made before a trustee, interested to the extent of his commissions, was held invalid. (See also Stevens v. Hampton, 46 Mo., 406.) In this case the acknowledgment was before an agent of the firm, for whose benefit the deed was made, his agency appearing on the face of the deed. If the fact of agency raises a presumption of pecuniary interest, the ease of Brown v. Moore is…
2Cases cited6 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Stevens v. HamptonSupreme Court of Missouri · 1870
- State v. KronerTexas Supreme Court · 1847
- Brown v. MooreTexas Supreme Court · 1873
- Dussaume v. BurnettSupreme Court of Iowa · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- W. C. Belcher Land Mortgage Co. v. TaylorTexas Commission of Appeals · 1919
- Horbach v. TyrrellNebraska Supreme Court · 1896
- Elwell & Heist v. The Universalist General ConventionTexas Supreme Court · 1890
- Titus v. JohnsonTexas Supreme Court · 1878
- Kothe v. Krag-Reynolds Co.Indiana Court of Appeals · 1898
12 more not listed; retrieve them via the Exa API.