Agricultural, Mechanical, & Blood-stock Ass'n v. Brewster
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Brewster, plaintiff" below, sued the Agricultural, Mechanical, and Blood-stock Association of Texas, a private corporation, for the title and possession of the tract of land in the city of Houston known as “ the Fair Grounds,” alleging his purchase of it at three judicial sales,—one under a judgment rendered in the District Court of Harris county and an execution issued thereon, and the other two sales had…
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Appeal from Harris. Tried below before the Hon. James Masterson. Brewster, plaintiff" below, sued the Agricultural, Mechanical, and Blood-stock Association of Texas, a private corporation, for the title and possession of the tract of land in the city of Houston known as “ the Fair Grounds,” alleging his purchase of it at three judicial sales,—one under a judgment rendered in the District Court of Harris county and an execution issued thereon, and the other two sales had under executions issued upon judgments rendered by a justice of the peace of said county; that he was the owner of the…
1Opinion of the Court
Bonner, Associate Justice.
In this case there is no question as to the validity of the judgments, executions, and levies by which the sales were made under which the appellee, Robert Brewster, purchased the property in controversy; but to avoid the effect of the same it is contended—
First. That appellee holds the property in trust for appellant.
Second. That the consideration paid was grossly inadequate.
*263I. By virtue of these sales, appellee obtained the legal title to the property.
Although' it is the settled law of this court, that a trust can be shown by parol evidence to have attached to the…
2Cases cited5 opinions
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Carter v. CarterTexas Supreme Court · 1849
- Mead v. RandolphTexas Supreme Court · 1852
- Rich v. FergusonTexas Supreme Court · 1876
- Hall v. LaytonTexas Supreme Court · 1856
3Cited by8 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Landa v. ObertTexas Supreme Court · 1890
- Reinhardt v. NehringTexas Commission of Appeals · 1927
- Addison v. BallCourt of Appeals of Texas · 1924
- Strictland v. Higginbotham Bros. & Co.Court of Appeals of Texas · 1920
3 more not listed; retrieve them via the Exa API.