Legal Opinion

Tayler v. Taul

Texas Supreme Court

Decided November 25, 1895No. 354PublishedCited by 19 opinions

Ebbob to Court of Civil Appeals for Second District, in an appeal from Bosque County. The instrument upon, which the plaintiff in error rests for title is set out in the opinion. It was a power of attorney irrevocable, authorizing the attorney to recover lands in Texas, and giving one-half interest therein.

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Ebbob to Court of Civil Appeals for Second District, in an appeal from Bosque County. The instrument upon, which the plaintiff in error rests for title is set out in the opinion. It was a power of attorney irrevocable, authorizing the attorney to recover lands in Texas, and giving one-half interest therein. The contract bore date June 26, 1876. The land in controversy was sold for taxes, and in 1883 the constituents, through other agents, recovered the land at their own expense. Tayler did nothing under the power, and died in 1890. Suit was brought in 1892 by Tayler’s widow, who is plaintiff…

1Opinion of the Court

DENMAN, Associate Justice.

—This is an action of trespass to try title, brought by plaintiff in error against defendants in error, for an undivided one-half interest of 640 acres of land, patented to James II. Brown, September 28, 1848, which land was owned by Frank D. Wade and Annie Brown Wade on the 26th day of June, 1876, “as heirs of said James II. Brown, deceased.” Plaintiff in error claims the half-interest sued for under the following instrument:

“Know all men by these presents, that we, Frank D. Wade and Annie Brown Wade, the only heirs of James K. Brown, deceased, have made,…

2Cases cited2 opinions

  1. Dull v. BlumTexas Supreme Court · 1887
  2. Hazlett and Dickey v. HarwoodTexas Supreme Court · 1891

3Cited by19 opinions

  1. Edgewood Independent School District v. KirbyTexas Supreme Court · 1989
  2. Browne v. KingTexas Supreme Court · 1921
  3. Carroll v. HuntTexas Supreme Court · 1943
  4. Browne v. KingCourt of Appeals of Texas · 1917
  5. Garner v. BoyleTexas Supreme Court · 1904

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