Peters v. Phillips
Texas Supreme Court
Appeal from Bowie. Tried below before the Hon. William S. Todd. Petition filed in the County Court on the 5th of December, 1855, by Richard Peters, in the matter of the estate of John C. Byers, deceased, for specific .performance of 11 a deed or “ bond in writing to convey to petitioner and John S. Peters, “ since deceased, twelve hundred and eighty acres of land out “ of said Byers’ headright. ’’The petition alleged that the consideration of the bond was two hundred dollars…
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Appeal from Bowie. Tried below before the Hon. William S. Todd. Petition filed in the County Court on the 5th of December, 1855, by Richard Peters, in the matter of the estate of John C. Byers, deceased, for specific .performance of 11 a deed or “ bond in writing to convey to petitioner and John S. Peters, “ since deceased, twelve hundred and eighty acres of land out “ of said Byers’ headright. ’’The petition alleged that the consideration of the bond was two hundred dollars paid to said Byers at the time, and the undertaking of said Richard and John S. Peters to have the headright of said…
1Opinion of the Court
Hemphill, Ch. J.
The main question in this cause is whether the instrument offered in evidence, and designated in the margin as a title bond, is such a bond or written agreement to make title to property as would, under Art. 1162, give jurisdiction to the County Court.
The jurisdiction of that Court, over the subject matter, is special, and can be exercised only where there is a bond, or the agreement to make title is in writing. Now literally, this instrument is not a bond to make title ; but it recites fully the terms and conditions of a contract to that effect, and by which Byers (the…
2Cases cited1 opinion
- Ellis v. Deadman's heirsCourt of Appeals of Kentucky · 1816
3Cited by17 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Osborne v. MooreTexas Supreme Court · 1923
- Watson v. BakerTexas Supreme Court · 1888
- Fulton v. RobinsonTexas Supreme Court · 1881
- Johnson v. GrangerTexas Supreme Court · 1879
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