Jeffery v. Graham
Texas Supreme Court
Appeal from Young. Tried below before the Hon. J. E. Flemming. This was a suit brought by G. A. Graham against S. E. Jeffery to declare forfeited the conditions of defeasance declared in a deed made by the plaintiff to the defendant to a certain lot in the town of Graham, and for a decree divesting the title thereby conveyed to the defendant, and reinvesting the plaintiff therewith. The defendant excepted to the sufficiency of the petition, and the exceptions were overruled.
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Appeal from Young. Tried below before the Hon. J. E. Flemming. This was a suit brought by G. A. Graham against S. E. Jeffery to declare forfeited the conditions of defeasance declared in a deed made by the plaintiff to the defendant to a certain lot in the town of Graham, and for a decree divesting the title thereby conveyed to the defendant, and reinvesting the plaintiff therewith. The defendant excepted to the sufficiency of the petition, and the exceptions were overruled. The cause was submitted to the judge without a jury. Judgment was rendered for the plaintiff, from which judgment the…
1Opinion of the Court
Walker, P. J. Com. App.—
The court did not err in overruling the defendant’s exceptions to the petition, nor in rendering judgment on the merits of the case under the evidence for the plaintiff.
The estate conveyed by the deed was on a condition subsequent. The form or connection in which the condition is made to appear-in the deed is not material, if from the instrument it appears that the intention of the grantor as expressed in it was to convey an estate defeasible on the happening of a condition which he might, lawfully annex to the grant of the title. The conditions which *483were prescribed…
2Cited by15 opinions
- Stevens v. Galveston, H. & S. A. Ry. Co.Texas Commission of Appeals · 1919
- Ritchie v. Kansas, Nebraska & Dakota Railway Co.Supreme Court of Kansas · 1895
- Anderson v. RowlandCourt of Appeals of Texas · 1898
- Weiss v. ClabornCourt of Appeals of Texas · 1920
- Co-Operative Vineyards Co. v. Ft. Stockton Irrigated Lands Co.Court of Appeals of Texas · 1913
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