Calvert v. Roche
Texas Supreme Court
Appeal from Karnes. Tried below, before the Hon. H. Clay Pleasants. Calvert brought this action against appellees some time prior to April 13, 1877, in trespass to try title, and to remove cloud from the title of certain lands, claiming through a judgment rendered in the district court of Wilson county against P. R. Trial, November 23, 1875, a copy of which was filed for record in Karnes county, where the land is situated, December 8,1875, and execution, levy and sale, the…
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Appeal from Karnes. Tried below, before the Hon. H. Clay Pleasants. Calvert brought this action against appellees some time prior to April 13, 1877, in trespass to try title, and to remove cloud from the title of certain lands, claiming through a judgment rendered in the district court of Wilson county against P. R. Trial, November 23, 1875, a copy of which was filed for record in Karnes county, where the land is situated, December 8,1875, and execution, levy and sale, the latter March 7, 1876. Appellees claimed that P. R. Trial held the legal title to the land in trust for them; that it was…
1Opinion of the Court
Watts, J. Com. App.—
If, as claimed, the land conveyed by Avery to P. R. Trial and wife was in part paid for with trust funds held by Trial for the appellees, and to that extent he purchased the land for them, that would vest in the appellees an equitable right to the same, to the extent of the trust funds thus invested; such an equitable right as would sustain an action by them against Trial to compel a conveyance of the legal title.-
An equitable right of this character is not within the operation of the statutes of registration, as respects the rights of creditors. That is, if the creditor…
2Cases cited2 opinions
- Grace v. Wade & MainsTexas Supreme Court · 1876
- Grimes v. HobsonTexas Supreme Court · 1877
3Cited by12 opinions
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- Donley v. Youngstown Sheet and Tube CompanyCourt of Appeals of Texas · 1959
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