Cassaday v. Franklard
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. L. C. Alexander. This suit was instituted April 23, 1878, by Frankland against Cassaday, for the recovery of two tracts of land in McLennan county, in trespass to try title. The defendant pleaded not guilty, and special pleas which it does not become material to notice. The title of plaintiff and defendant is traced to one R. P. Jones.
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Appeal from McLennan. Tried below before the Hon. L. C. Alexander. This suit was instituted April 23, 1878, by Frankland against Cassaday, for the recovery of two tracts of land in McLennan county, in trespass to try title. The defendant pleaded not guilty, and special pleas which it does not become material to notice. The title of plaintiff and defendant is traced to one R. P. Jones. Jones being indebted in a large amount to one John Barnes, of London, conveyed to Frankland & Terry certain lands and other property (amongst which is the land sued for), in trust to sell and pay the debt to…
1Opinion of the Court
Quinan, J. Com. App.
The question to be determined in this case is, whether the plaintiff Frankland, upon the state of facts, established his right to recover the land. He claims that, as it is not shown that the purchase money has been paid, the superior title to the land is in him as surviving assignee.
It is certainly well settled in numerous decisions in this state, that in sales of land the superior title remains in the vendor until the purchase money be paid, when the conveyance is executory, or when a mortgage for unpaid purchase money is given simultaneously with the deed, or when an…
2Cases cited4 opinions
- Baker v. ComptonTexas Supreme Court · 1879
- Catlin v. BennattTexas Supreme Court · 1877
- Webster v. MannTexas Supreme Court · 1880
- Wright v. WootersTexas Supreme Court · 1877
3Cited by9 opinions
- Frankland v. CassadayTexas Supreme Court · 1884
- Myers v. CrenshawCourt of Appeals of Texas · 1938
- Jenkins v. CainTexas Supreme Court · 1888
- Toullerton v. ManchkeCourt of Appeals of Texas · 1895
- Waco Development Co. v. McNeeseCourt of Appeals of Texas · 1918
4 more not listed; retrieve them via the Exa API.