Primm v. Barton
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. Thomas H. DnYal. Suit by appellee against appellant, commenced January 23rd, 1854, to recover in right of his mother, Stacy Barton, one-half of the headright league of his father, William Barton. A jury was waived, and the cause submitted to Court upon the following admissions and statement of facts.
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Appeal from Fayette. Tried below before the Hon. Thomas H. DnYal. Suit by appellee against appellant, commenced January 23rd, 1854, to recover in right of his mother, Stacy Barton, one-half of the headright league of his father, William Barton. A jury was waived, and the cause submitted to Court upon the following admissions and statement of facts. The plaintiff admits : 1st. The execution of the title bond, on file, executed by his father and mother, William and Stacy Barton, on the day and year therein specified, and the land therein mentioned is the land in controversy in this suit. 2nd.…
1Opinion of the Court
Hemphill, Ch. J.
There is but one question in this case, and that is whether the act of William Barton, the father, in completing the sale of the land to the defendant Primm, in 1839, was valid and binding, not only on himself, but on the heirs of his deceased wife. -The land was sold by Barton on the 18th December, 1835 ; he and his wife both joining in executing a bond of that date for title. The bond is in the usual form, reciting that on that day they had sold and given possession of the land for the consideration of six thousand dollars, to be paid, five hundred dollars in hand, two…
2Cited by25 opinions
- Stone v. JacksonTexas Supreme Court · 1919
- Ashe v. YungstTexas Supreme Court · 1886
- Walker v. AbercrombieTexas Supreme Court · 1884
- Carter v. ConnerTexas Supreme Court · 1883
- Brewer v. WallTexas Supreme Court · 1859
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