Neatherly v. Ripley
Texas Supreme Court
Error from Titus. Tried below before Hon. W. S. Todd. The defendant in error sought a decree, requiring the plaintiff in error, as administrator of Thomas Trent, to make him a title to a tract of land described in the petition, which he alleged he purchased of said Trent in his life time, paid the purchase money, entered into possession, and made valuable improvements thereon ; that Trent died without making him a title.
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Error from Titus. Tried below before Hon. W. S. Todd. The defendant in error sought a decree, requiring the plaintiff in error, as administrator of Thomas Trent, to make him a title to a tract of land described in the petition, which he alleged he purchased of said Trent in his life time, paid the purchase money, entered into possession, and made valuable improvements thereon ; that Trent died without making him a title. Defendant below pleaded the general issue and setup the Statute of Frauds and Limitations, which latter was stricken out upon motion. On the trial, the sale by Trent, the…
1Opinion of the Court
Hemphill, Oh. J.
This Court, in the case of Dugan’s heirs v. Colville’s heirs, (8 Tex. R. 126,) having followed the Eng-'lish decisions exempting from the operation of their Statute *436of Frauds parol agreements for the sale of lands, when partly performed, as guides for the construction of our own Statute, we have to consider whether there was such part performance in this case as should take the parol agreement out of the provisions of the Statute.
There has been some conflict of opinion as to what acts shall constitute the part performance, which in the view of Courts of equity will authorise a…
2Cases cited1 opinion
- Pugh v. GoodSupreme Court of Pennsylvania · 1841
3Cited by17 opinions
- Jones v. CarverTexas Supreme Court · 1883
- Ponce v. McWhorterTexas Supreme Court · 1879
- Munk v. WeidnerCourt of Appeals of Texas · 1895
- Robinson v. DavenportTexas Supreme Court · 1874
- Hand v. ErringtonCourt of Appeals of Texas · 1921
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