Pearson v. Boyd
Texas Supreme Court
Appeal from Limestone. Tried below before the Hon. L. D. Bradley. Trespass to try title to one hundred acres of land, part of the Lipscomb Norvell headright survey in Limestone county, begun by appellant February 8, 1881. Defendant accepted service and filed his “ original answer and plea making James Phillips a plaintiff,” which consisted of — 1. An allegation that he was the owner in fee simple of one hundred and sixty acres of land, describing the same by metes and…
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Appeal from Limestone. Tried below before the Hon. L. D. Bradley. Trespass to try title to one hundred acres of land, part of the Lipscomb Norvell headright survey in Limestone county, begun by appellant February 8, 1881. Defendant accepted service and filed his “ original answer and plea making James Phillips a plaintiff,” which consisted of — 1. An allegation that he was the owner in fee simple of one hundred and sixty acres of land, describing the same by metes and bounds, and being a part of the Lipscomb Norvell grant. 2. That he purchased the one hundred and sixty acres from James Horton…
1Opinion of the Court
Delany, J. Com. App.
In our opinion there is no error in the judgment of the court below which will require its reversal.
Appellant’s position is that, as Horton claimed under an executory contract with Horvell, and as Boyd held under a similar contract with Horton, the possession of the latter could not be antagonistic to either of the other two.
In this he is correct. Roosevelt v. Davis, 49 Tex., 463; Keys v. Hason, 44 Tex., 144.
But when Norvell repudiated his contract with Horton and sold the land to other parties, there was no privity between Boyd and these second vendees, and he could hold…
2Cases cited4 opinions
- Keys v. MasonTexas Supreme Court · 1875
- Whitehead v. FoleyTexas Supreme Court · 1858
- Cantagrel v. Von LupinTexas Supreme Court · 1883
- Roosevelt v. DavisTexas Supreme Court · 1878
3Cited by16 opinions
- Craig v. CartwrightTexas Supreme Court · 1886
- Williams v. RandCourt of Appeals of Texas · 1895
- Walker v. MaynardCourt of Appeals of Texas · 1930
- Carley v. PartonCourt of Appeals of Texas · 1889
- Boe v. ArnoldOregon Supreme Court · 1909
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