Robertson v. Simpkins & Simpkins
Texas Supreme Court
Appeal from Havarro. Tried below before the Hon. L. D. Bradley. Appellees institutéd this suit of trespass to try title against appellant and W. S. Herndon on the 24th day. of March, 1883, to recover a tract of land containing three hundred and twentjr acres and known as the Josephus Williams survey, claiming the same through a conveyance from Wm.
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Appeal from Havarro. Tried below before the Hon. L. D. Bradley. Appellees institutéd this suit of trespass to try title against appellant and W. S. Herndon on the 24th day. of March, 1883, to recover a tract of land containing three hundred and twentjr acres and known as the Josephus Williams survey, claiming the same through a conveyance from Wm. M. Love to D. M. Prendergast, dated March 26, 1868, and recorded two days after date; also, by deed from L>. M. Prendergast to appellees, dated June 1, 1877. Herndon disclaimed, and appellant claimed the land through a conveyance from Wm. Love and…
1Opinion of the Court
Watts, J. Com. App.—
That Love has no such right to or interest in the land as could have been enforced at the time of the conveyance to Robertson & Herndon admits of no question. If, prior to that time, he had performed all the conditions stipulated in the verbal agreement between himself and Prendergast, still he could not have enforced a specific performance. For it is well settled that payment of the purchase money and possession of the land, unaccompanied by permanent and valuable improvements, or something equivalent thereto giving an equity in the land, will not exempt such a contract…
2Cases cited1 opinion
- Ann Berta Lodge, No. 42 v. LevertonTexas Supreme Court · 1874
3Cited by4 opinions
- Hand v. ErringtonCourt of Appeals of Texas · 1921
- Tunnell v. MooreCourt of Appeals of Texas · 1932
- Wells v. ForemanCourt of Appeals of Texas · 1917
- Hand v. ErringtonCourt of Appeals of Texas · 1921