Evans' Adm'r v. Hardeman
Texas Supreme Court
Appeal from Washington. Suit, March 25th, 1854, by the •appellee against the appellant on the following state of facts : Evans being a land locator, undertook to locate Hardeman’s headright for a league and labor and procure patent therefor, in consideration whereof Hardeman was to convey Evans one half of the league. Evans selected the location on the Yegua in Washington county. Hardeman was present when the surveys were made. Two surveys were made.
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Appeal from Washington. Suit, March 25th, 1854, by the •appellee against the appellant on the following state of facts : Evans being a land locator, undertook to locate Hardeman’s headright for a league and labor and procure patent therefor, in consideration whereof Hardeman was to convey Evans one half of the league. Evans selected the location on the Yegua in Washington county. Hardeman was present when the surveys were made. Two surveys were made. This was in 1848. After going over the land Evans asked Hardeman how he liked it. Hardeman replied that it was very poor and that he would not…
1Opinion of the CourtWheeler, J.
The principal questions to be determined in *482this case, are, 1st: Whether the contract set up and relied on by the plaintiff to support a recovery is affected by the Statute of Frauds ; and 2nd : Whether the right of action was barred by the statute of limitations.
In Watkins v. Gilkerson, (10 Tex. R. 340,) this Court decided that a contract, whereby one party agreed to locate land certificates of another, and to obtain patents thereupon, in his name, and the latter agreed, in consideration therefor, to convey to the party so locating and obtaining patents, a part of the land, is not within the…
2Cited by12 opinions
- Sprague v. HainesTexas Supreme Court · 1887
- Hearne v. GillettTexas Supreme Court · 1884
- Gibbons v. BellTexas Supreme Court · 1876
- Shifflet v. MorelleTexas Supreme Court · 1887
- Low, Administrator v. FeltonTexas Supreme Court · 1892
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