Flemming v. Reed
Texas Supreme Court
Appeal from Bell. Tried below before the Hon. J. P. Osterhout. The material facts are disclosed in the opinion of the court and the head-notes. The court below ruled that the defenses of limitation and stale demand were frustrated by the constitutional provision suspending limitation from January 28th, 1861, to the acceptance of the Constitution by Congress in 1870.
1Opinion of the CourtWalker, J.
We learn, from the statement of facts in this case, that, on the 16th day of January, 1836, Michael Reed and Z. N. Morrell entered into a contract in writing with Joseph West, who was entitled to one-fourth of a league of land as a colonist, that they, Reed and Morrell, would locate *153and procure a title for the land; for which service, West bound himself, under a penalty of three thousand dollars, to make them a title for one-half the land so located. West also executed a power of attorney to Reed and Morrell, to enable them to carry out the terms of the contract. The agreement was recorded in…
2Cases cited1 opinion
- Smith v. Hampton's HeirsTexas Supreme Court · 1855
3Cited by2 opinions
- Dull v. BlumTexas Supreme Court · 1887
- Wilson v. SimpsonTexas Supreme Court · 1887