James v. Adams & Wickes
Texas Supreme Court
Appeal from Bexar, Tried below before the Hon. G. H. Boonan. In 1874, Adams & Wickes, Hancock & West and R. A. Henson and John James jointly held a body of land in Bell county, Texas, which was a portion of a grant to J. B. Arocha, — Adams & Wickes owning an undivided one-third, Hancock & West and R. A. Henson an undivided one-third, and John James an undivided one-third. • In 1874 they joined in a deed of partition between themselves.
Read the full summary
Appeal from Bexar, Tried below before the Hon. G. H. Boonan. In 1874, Adams & Wickes, Hancock & West and R. A. Henson and John James jointly held a body of land in Bell county, Texas, which was a portion of a grant to J. B. Arocha, — Adams & Wickes owning an undivided one-third, Hancock & West and R. A. Henson an undivided one-third, and John James an undivided one-third. • In 1874 they joined in a deed of partition between themselves. This- deed of partition was made after the parties bad had the body of land claimed by them surveyed by John W. Garretson, a surveyor, who further subdivided…
1Opinion of the Court
Watts, J. Com. App.
Here the distinctions recognized by the common law as between estates held by joint tenants, tenants in common and coparceners have been abolished by statute; and for all practicable purposes these estates have been placed upon the same footing, and are considered estates in common, with the attending rights and remedies which appertained to coparceners at common law.
Therefore, in the partition of land between owners in common in this state, whether by decree of court or the voluntary act of the parties, ordinarily a covenant of general warranty of title to the respective…
2Cases cited4 opinions
- Venable v. BeauchampCourt of Appeals of Kentucky · 1835
- Morris v. HarrisCourt of Appeals of Maryland · 1850
- Smith v. SweringenSupreme Court of Missouri · 1858
- Prior v. Richards's administratorCourt of Appeals of Kentucky · 1816
3Cited by8 opinions
- Bell v. FranklinCourt of Appeals of Texas · 1921
- Hampton v. MintonCourt of Appeals of Texas · 1990
- Perry v. JonesSupreme Court of Oklahoma · 1915
- Fikes v. Buckholts State BankCourt of Appeals of Texas · 1925
- Clevenger v. MayfieldCourt of Appeals of Texas · 1905
3 more not listed; retrieve them via the Exa API.