Legal Opinion

Ferguson v. Houston East & West Texas Railway Co.

Texas Supreme Court

Decided March 19, 1889No. 2397PublishedCited by 39 opinions

Appeal from Hardin. Tried below before Hon. Edwin Hobby. Appellant L. T. Ferguson and his coplaintifl A. H. Ferguson instituted, on the fifth day of June, 1884, an action of trespass to try title to the tract of land described in their petition against appellee, and to cancel, as a cloud upon their title, a certain instrument designated a power of attorney, a copy of which was made a part of their petition, under which appellee claimed the land, alleging that at the time of…

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Appeal from Hardin. Tried below before Hon. Edwin Hobby. Appellant L. T. Ferguson and his coplaintifl A. H. Ferguson instituted, on the fifth day of June, 1884, an action of trespass to try title to the tract of land described in their petition against appellee, and to cancel, as a cloud upon their title, a certain instrument designated a power of attorney, a copy of which was made a part of their petition, under which appellee claimed the land, alleging that at the time of the execution of the power of attorney they were infants, and that neither of them had ever received any consideration…

1Opinion of the Court

Acker, Presiding Judge.—

On the 4th day of September, 1880, appellant, then being under the age of twenty-one yeals, joined several of his adult brothers and sisters in the execution of a power of attorney to convey land which they owned as tenants in common. In September, 1881, the attorneys in fact, acting under the power, sold and conveyed the land to appellee’s immediate vendor. Appellant attained majority June 4, 1882. This suit was brought on the 5th day of June, 1884, to recover appellant’s interest in the land and to cancel the power of attorney and deed executed thereunder as a cloud…

2Cited by39 opinions

  1. State v. Standard Oil Co. of LouisianaSupreme Court of Louisiana · 1937
  2. Galusha v. WendtSupreme Court of Iowa · 1901
  3. Williams v. SapiehaTexas Supreme Court · 1901
  4. Texas & Pacific Railway Co. v. City of El PasoTexas Supreme Court · 1935
  5. Bullock v. SprowlsTexas Supreme Court · 1899

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