Logan Vandever's Administrators v. Freeman
Texas Supreme Court
Appeal from Burnett. Tried below before the Hon. Nat. M. Burford. Suit commenced May 20th, 1856, by Freeman and Wife against Logan Vandever’s administrators.
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Appeal from Burnett. Tried below before the Hon. Nat. M. Burford. Suit commenced May 20th, 1856, by Freeman and Wife against Logan Vandever’s administrators. The petition alleged that plaintiffs are the just and legal owners of Lots No. 169, 95, and 96 in the town of Fredericksburg, in the county of Gillespie, and of one ten acre lot adjoining said town, known as ten acre town Lot No. 28; that on the 10th of April, 1853, they employed said Vandever to sell said property for them, and in order to facilitate the sale, executed to said Vandever a deed for all of said property; that Vandever had…
1Opinion of the CourtRoberts, J.
This is a suit to set aside and cancel a deed executed by Freeman and wife for certain land to Vandever, alleged to be in trust for a purpose, which was not accomplished; or if the land had been sold to an innocent purchaser, then to reach the purchase money by a direct recovery from the purchaser.
Under the latter alternative Freeman and wife recovered a judgment, which is brought here for revision on appeal.
It is objected to this proceeding, that as a suit for land it is wrongly prosecuted in Burnett county, the land being situated in Gillespie county; and as a suit for money it must fail,…
2Cited by12 opinions
- Spann v. Cochran & EwingTexas Supreme Court · 1885
- McCampbell v. DurstCourt of Appeals of Texas · 1897
- Rivera v. White, GuardianTexas Supreme Court · 1901
- Densby v. Acacia Mut. Life Ass'nCourt of Appeals for the D.C. Circuit · 1935
- Criss v. CrissWest Virginia Supreme Court · 1909
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