Bailey v. Harris
Texas Supreme Court
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. The statement of facts was as follows : Deed from Theodore J. Dorsett to defendant Bailey, for sixty-seven acres of land in Rusk county, dated March 29tli, 1853 ; consideration $106 50. The plaintiff (Harris) then proved in substance (in the language of the statement of facts,) by three witnesses, that the plaintiff had made a contract with the maker of the deed aforesaid, for the land described therein, and…
Read the full summary
Appeal from Rusk. Tried below before the Hon. Charles A. Frazer. The statement of facts was as follows : Deed from Theodore J. Dorsett to defendant Bailey, for sixty-seven acres of land in Rusk county, dated March 29tli, 1853 ; consideration $106 50. The plaintiff (Harris) then proved in substance (in the language of the statement of facts,) by three witnesses, that the plaintiff had made a contract with the maker of the deed aforesaid, for the land described therein, and that the defendant had furnished or loaned the money to the plaintiff to pay for the land, and took the deed for the same…
1Opinion of the Court
Hemphill, Ch. J.
There is no error in the judgment. The agreement by Harris to purchase the land from Dorsett, is fully established by the evidence of three witnesses ; and *110under the facts, the purchase money may be regarded as the money of Harris, loaned to him by the appellant Bailey, and the deed taken in the name of Bailey to secure the repayment of the loan. The money being thus advanced by Harris, there would have been a resulting trust for his benefit, even under the most strict meaning of the terms, viz : that such trust is one which results to the person who advances the purchase…
2Cited by16 opinions
- Johnson v. SmithTexas Supreme Court · 1926
- Troll v. CarterWest Virginia Supreme Court · 1879
- Patrick v. McGahaCourt of Appeals of Texas · 1942
- Long Manufacturing Co. v. GrayCourt of Appeals of Texas · 1896
- Mauritz v. BellCourt of Appeals of Texas · 1934
11 more not listed; retrieve them via the Exa API.