Hart v. McDade
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. McDade brought suit in trespass to try title against W. S. Hart, W. Z. Weems and Horace E. Kelley.
Read the full summary
Appeal from Brazoria. Tried below before the Hon. Wm. H. Burkhart. McDade brought suit in trespass to try title against W. S. Hart, W. Z. Weems and Horace E. Kelley. Answer by general demurrer, general denial, plea of not guilty, and specially that they were purchasers in good faith, for adequate consideration, and without notice of plaintiff’s adverse claim, from B. A. Shapard, “who held a recorded deed to the land under J. H. Herndon, original grantee thereof, for a valuable consideration.” Plaintiff, in a supplemental petition, admitted the warranty deed from B. A. Shapard to defendants,…
1Opinion of the Court
Stayton, Associate Justice.
— Both parties claim title to the land in controversy through John H. Herndon, to whom it was patented on the 24th of June, 1875, prior to which time he is not shown to have owned the land or certificate on which the patent issued.
Herndon conveyed to Cole, June 18, 1877, and Cole to the appellee, January 10, 1878, and those deeds were not recorded until October 20 and 27, 1883.
On the 12th of April, 1867, Gass and others recovered a judgment. in the district court for Brazoria county against John H. Herndon and F. J. Calvit, under which it does not appear that any…
2Cases cited4 opinions
- Criswell v. RagsdaleTexas Supreme Court · 1857
- Bassett v. ProetzelTexas Supreme Court · 1880
- Kendrick v. RiceTexas Supreme Court · 1856
- Snow v. NashTexas Supreme Court · 1878
3Cited by1 opinion
- Sass & Cohen v. HirschfeldCourt of Appeals of Texas · 1900