Johnson v. Johnson
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. E. W. Terhune, special judge. This was an action of trespass to try title, brought in the District Court of Hopkins county by appellant against appellee, to recover eighty acres of land, the north half of a 160 acre tract deeded by Silas Garvin to Alexander Johnson.
Read the full summary
Appeal from Hopkins. Tried below before the Hon. E. W. Terhune, special judge. This was an action of trespass to try title, brought in the District Court of Hopkins county by appellant against appellee, to recover eighty acres of land, the north half of a 160 acre tract deeded by Silas Garvin to Alexander Johnson. Defendant answered, first by plea of not guilty, and, by amended original answer, filed August 30, pleaded general denial, not guilty, and by special answer set up that in 1874, Alexander Johnson, the father of plaintiff and also William Johnson, defendant’s deceased husband, made a…
1Opinion of the Court
Stayton, Associate Justice.
It is well settled in this state that a verbal partition of land is valid. Shannon v. Taylor, 16 Tex., 413; Stuart w. Baker, 17 Tex., 417; Houston v. Sneed, 15 Tex, 307; Huffman v. Cartwright, 44 Tex., 296.
The deeds made to the respective parties by Alexander Johnson were not the sole foundation of their rights.
*89His former promise to convey to his two sons, in connection with their acts done upon the faith of his promises, might be made the basis of the right of the two sons to the land.
It is evident that Alexander Johnson was indifferent as to what particular part…
2Cases cited3 opinions
- Stuart v. BakerTexas Supreme Court · 1856
- Huffman v. CartwrightTexas Supreme Court · 1875
- Shannon v. TaylorTexas Supreme Court · 1856
3Cited by8 opinions
- Garza v. DeMontalvoTexas Supreme Court · 1949
- Jones v. StateTexas Commission of Appeals · 1928
- Wardlow v. MillerTexas Supreme Court · 1887
- Cook's Hereford Cattle Co. v. BarnhartCourt of Appeals of Texas · 1912
- Finn and Wife v. Krut, Alias LinstromCourt of Appeals of Texas · 1896
3 more not listed; retrieve them via the Exa API.