Grant v. Heirs of Wallis
Texas Supreme Court
Appeal from Hill. Tried below before the Hon. D. M. Prendergast. On December 30, 1861, Thos. E. King, as administrator of John Chamblee, deceased, brought this suit against the unknown heirs of Jonathan Wallis, deceased.
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Appeal from Hill. Tried below before the Hon. D. M. Prendergast. On December 30, 1861, Thos. E. King, as administrator of John Chamblee, deceased, brought this suit against the unknown heirs of Jonathan Wallis, deceased. The object of the suit ivas the specific performance of an agreement entered into between Wallis and Chamblee in the state of Alabama, October 8,1835, to the effect that Chamblee was to defray the expenses of moving Wallis and his family to Texas; the latter was to settle in Eobertson’s colony, and locate his headright league of land in that colony; Chamblee was to select the…
1Opinion of the Court
Watts, J. Com. App.
It is settled law that an agreement for the conveyance of land in Texas, made before the final title had issued, and prior to the adoption of the constitution of the republic, March 17, 1836, is a nullity, being made in violation of law. Holmes v. Johns, 56 Tex., 49, and authorities there cited.
The agreement upon which this suit is founded was made October 8, 1835, and was for the conveyance of land, the final title to which was thereafter to issue. It was, therefore, made in violation of law and not enforcible in the courts of the country.
As to the written ratification of…
2Cases cited2 opinions
- Holmes v. JohnsTexas Supreme Court · 1881
- Atkinson v. BellTexas Supreme Court · 1857
3Cited by5 opinions
- Keith v. FountainCourt of Appeals of Texas · 1893
- Armstrong v. WalkerTexas Supreme Court · 1934
- Fields v. BurnettCourt of Appeals of Texas · 1908
- Holland v. SwilleyCourt of Appeals of Texas · 1925
- Sherman v. PickeringCourt of Appeals of Texas · 1909