Legal Opinion

Smith v. Strahan

Texas Supreme Court

Decided July 1, 1856PublishedCited by 41 opinions

Error from Colorado. Tried before the Hon. Nelson H. Hunger. Suit by Watkins L. Smith, commenced Sept. 12th, 1853, against William H. Strahan, for the partition of certain four hundred acres of land among the heirs of Delilah Strahan, the deceased wife of said William. The other heirs, being three children of said Delilah and William, were made defendants. The plaintiff had married a fourth child, since deceased, leaving a child since deceased.

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Error from Colorado. Tried before the Hon. Nelson H. Hunger. Suit by Watkins L. Smith, commenced Sept. 12th, 1853, against William H. Strahan, for the partition of certain four hundred acres of land among the heirs of Delilah Strahan, the deceased wife of said William. The other heirs, being three children of said Delilah and William, were made defendants. The plaintiff had married a fourth child, since deceased, leaving a child since deceased. The three other children, made defendants, two of them being minors and appearing by guardian, joined in the plaintiff’s prayer for the partition. The…

1Opinion of the Court

Hemphill, Ch. J.

It is a general rule, that the trust of a legal estate, whether taken in the names of the purchaser and others jointly, or in the names of others without that of the purchaser, whether in one name or several, whether jointly or successively, results to the one who advances the purchase money ; and this is in strict analogy to the rule of the common law, that where a feoffment was made without consideration, the use resulted to the feoffor. (2 Story, Eq. Sec. 1201 ; 2 Cox, 92 ; 1 Leading Cases in Equity, p. 188.)

But there are exceptions to this rule, as well established as *321the…

2Cases cited3 opinions

  1. Guthrie v. GardnerNew York Supreme Court · 1838
  2. Jencks v. AlexanderNew York Court of Chancery · 1845
  3. Partridge v. HavensNew York Court of Chancery · 1844

3Cited by41 opinions

  1. Cockerham v. CockerhamTexas Supreme Court · 1975
  2. Kahn v. KahnTexas Supreme Court · 1900
  3. Dickson v. StricklandTexas Supreme Court · 1924
  4. Parker v. G. Y. Coop.Texas Supreme Court · 1883
  5. Graham v. FrancoTexas Supreme Court · 1972

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