Anderson v. Powers
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. George N. Aldredge. Suit was brought by Anderson to recover an undivided tenth interest in land and for partition. It was alleged that Susan Powers employed him to recover the land in a suit then pending, and had agreed to give him one-tenth of it. The court found the facts to exist as alleged, but rendered judgment for the defendant.
1Opinion of the Court
West, Associate Justice.—
The court was in error in holding that the agreement in question, between appellant and appellee, was a contract for the sale of real estate, and therefore void under the statute of frauds, because not in writing. When the agreement was made by appellee for the recovery of the land in suit, it had been conveyed by her husband to other parties. The title was neither in the appellee or her husband, but in third parties, and the agreement was not a contract for the sale of the real estate, but was an agreement for its recovery for her by the appellant, in consideration…
2Cases cited5 opinions
- Stuart v. BakerTexas Supreme Court · 1856
- Miller v. RobertsTexas Supreme Court · 1856
- Bullion v. CampbellTexas Supreme Court · 1864
- Evans' Adm'r v. HardemanTexas Supreme Court · 1855
- Smock v. TandyTexas Supreme Court · 1866
3Cited by18 opinions
- Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
- Wells v. LittlefieldTexas Supreme Court · 1884
- Sprague v. HainesTexas Supreme Court · 1887
- Grigsby v. MayTexas Supreme Court · 1892
- Priddy v. GreenCourt of Appeals of Texas · 1920
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