Peck v. Hensley
Texas Supreme Court
Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by Barton Peck, appellant, against Mary T. Hensley, widow of W. R. Hensley, deceased, and others, heirs of said W. R. Hensley, on a covenant of warranty, in a tionveyance from said W. R. Hensley and his said wife, of a half league of land, situated in Colorado county and originally granted to John H. Dabney.
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Appeal from Calhoun. Tried below before the Hon. Fielding Jones. Suit by Barton Peck, appellant, against Mary T. Hensley, widow of W. R. Hensley, deceased, and others, heirs of said W. R. Hensley, on a covenant of warranty, in a tionveyance from said W. R. Hensley and his said wife, of a half league of land, situated in Colorado county and originally granted to John H. Dabney. The conveyance was on the 26th Sept. 1841. And plaintiff averred an eviction in 1854, under a paramount title, and by legal process. Defendants denied all and singular, &e. At the trial plaintiff gave in evidence the…
1Opinion of the CourtWheeler, J.
It is insisted for the appellees, that as the deed from Hensley and wife to the plaintiff, purports to convey only such right as the grantors had in the land, the covenants are qualified and limited by the grant; and consequently that the covenant of good right to convey must be taken to mean a power to convey only such right as the grantors had. In support of this position we are referred to the case of Allen v. Holton, (20 Pick. R. 458,) which does seem to favor the position contended for. The grant in that case was of “all my right, title and interest in and unto the ferry called, &c., and…
2Cited by12 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Little v. AllenTexas Supreme Court · 1882
- O'Sullivan v. GriffithCalifornia Supreme Court · 1908
- Benton Land Co. v. JoplingTexas Commission of Appeals · 1927
- Childress v. SilerCourt of Appeals of Texas · 1954
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