Sutton v. Sutton
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. I. B. McFarland. Charles Sutton in his petition alleged that he and John Sutton owned, jointly and equally, three hundred and ninety acres of land in Washington county, Texas, having bought the same from I. G. Killough on September 18, 1855, giving notes for purchase money, which notes had been paid promptly, but no deed executed for the land; that he bought and paid for, jointly with John Sutton, sixty-nine acres of John P.…
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Appeal from Fayette. Tried below before the Hon. I. B. McFarland. Charles Sutton in his petition alleged that he and John Sutton owned, jointly and equally, three hundred and ninety acres of land in Washington county, Texas, having bought the same from I. G. Killough on September 18, 1855, giving notes for purchase money, which notes had been paid promptly, but no deed executed for the land; that he bought and paid for, jointly with John Sutton, sixty-nine acres of John P. Bell, and traded this to I. S. Hill for one hundred and thirty acres, more or less, in Fayette county, and that he owned…
1Opinion of the CourtWalker, J.
We have in all cases held that one who purchases land for Confederate money cannot be regarded as a bona fide purchaser for a valuable consideration.
If it cannot be ascertained what portion of the note originally sued on was given in payment for the land, the vendor’s lien cannot be enforced. (Wasson v. Davis, 34 Texas, 168; Swain v. Cato, 34 Texas, 398.)
But Charles F.-Sutton claims that John Sutton held the legal title to the whole of the lands in controversy, by ■ consent of the parties, whilst he was in equity entitled to one-half of" the land, having paid his own money for it.
If this be…
2Cases cited2 opinions
- Swain v. CatoTexas Supreme Court · 1871
- Brown's Adm'r v. TylerTexas Supreme Court · 1871
3Cited by4 opinions
- McCauley v. HoltzIndiana Supreme Court · 1878
- Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
- Porterfield v. TaylorCourt of Appeals of Texas · 1914
- Goodwin v. SmithCourt of Appeals of Texas · 1935