Heirs v. Heirs
Texas Supreme Court
Appeal from Gralveston. Tried below before the Hon. Win. H. Stewart. Suit brought Hovember 23, 18Y4, by the heirs at law of Churchill Jones against the heirs at law and devisees of James Paul, deceased.
Read the full summary
Appeal from Gralveston. Tried below before the Hon. Win. H. Stewart. Suit brought Hovember 23, 18Y4, by the heirs at law of Churchill Jones against the heirs at law and devisees of James Paul, deceased. The plaintiffs alleged that February Y, 1852, James Paul gave a bond to make to Churchill Jones a good title to two tracts of land in Milam district,— six hundred and forty acres patented to heii’S of John Batterly, July 18,1846, and about seven hundred and five acres patented to Harvey Homan, September 2, 184Y, on the payment of note of Jones for §2,821, January 1, 1855, with interest from…
1Opinion of the Court
Delany, J. Com. App.—
This is a suit upon the covenants contained in a deed of conveyance.
In the original petition the covenant of warranty alone is relied on. It is alleged that Paul, the vendor, in his- deed, did covenant, for himself, his heirs and assigns, to warrant the title to Jones and his heirs and assigns.
The breach assigned is that at that time Paul was not lawfully-seized of the land, but that “ one Hanrick was the lawful owner thereof;” that neither the vendor nor his heirs, though often requested, have warranted or defended the title, but that it is still in Hanrick, who is…
2Cases cited2 opinions
- Whitehead v. FoleyTexas Supreme Court · 1858
- Kirkland v. LittleTexas Supreme Court · 1874
3Cited by31 opinions
- City of Beaumont v. MooreTexas Supreme Court · 1947
- Gibson v. TurnerTexas Supreme Court · 1956
- Rancho Bonito Land & Live Stock Co. v. NorthTexas Supreme Court · 1898
- Schneider v. Lipscomb County National Farm Loan Ass'nTexas Supreme Court · 1947
- Compton v. Trico Oil Co.Court of Appeals of Texas · 1938
26 more not listed; retrieve them via the Exa API.