Legal Opinion

Pearson v. Burditt

Texas Supreme Court

Decided July 1, 1861PublishedCited by 21 opinions

Appeal from Williamson, Tried below before the Hon, E. H, Vontress, This case wag formerly before this court under the Stylo of Burditt v. Silsbee, and is reported in the 15th volume of Texas Reports, to which reference is made for a statement of the fects had on the first trial in the court below.

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Appeal from Williamson, Tried below before the Hon, E. H, Vontress, This case wag formerly before this court under the Stylo of Burditt v. Silsbee, and is reported in the 15th volume of Texas Reports, to which reference is made for a statement of the fects had on the first trial in the court below. The case having been reversed and remanded on the 16th day of March, 1858, the plaintiff filed an amended petition as follows, to wit: “And now comes the said plaintiff by his attorney, and by leave of the court first had and obtained, amends his original petition filed in this cause, and says,…

1Opinion of the CourtRoberts, J.

This cause was before this court by the name of Burditt v. Silsbee, and reported in the 15th volume of Texas Reports, 604, where a full statement of the facts will be found, except those which relate to the proof of fraud in Burditt’s title.

In the opinion in that case, it was said that “if the plaintiff can prove, as he insists, that there was fraud in the sale, to which the defendant was privy, or of which he is chargeable with notice, then, it is true, his title will not protect him either in his possession or his improvements. But if the sale was fairly made, and the defendant was a bona…

2Cited by21 opinions

  1. Murchison v. White, 54 Tex. 78 (Tex. 1880)Texas Supreme Court · 1880
  2. Burnham v. Hardy Oil Co.Texas Supreme Court · 1917
  3. Burleson v. BurlesonTexas Supreme Court · 1866
  4. McCampbell v. DurstCourt of Appeals of Texas · 1897
  5. Eckert v. WendelTexas Supreme Court · 1931

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