Wallace v. Wilcox
Texas Supreme Court
Appeal from Cherokee. Tried below before the Hon. R. A. Reeves. This was a suit of trespass to try title brought by Benjamin R. Wallace and William W. Wallace, appellants, against William Wilcox, one of the appellees, for a half league of land in Cherokee county. William Wilcox stated, that he was tenant in possession under William Scott and Edmund Scott, and disclaimed all title in himself.
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Appeal from Cherokee. Tried below before the Hon. R. A. Reeves. This was a suit of trespass to try title brought by Benjamin R. Wallace and William W. Wallace, appellants, against William Wilcox, one of the appellees, for a half league of land in Cherokee county. William Wilcox stated, that he was tenant in possession under William Scott and Edmund Scott, and disclaimed all title in himself. William and Edmund Scott, by petition, alleged that they were the real owners of the land, and prayed to be made parties defendant. Rebecca R. Wallace intervened and claimed • a life estate in the upper…
1Opinion of the CourtBell, J.
We are of opinion that there is no error in the judgment of the court below. Many questions are raised and *67elaborately argued by the counsel for the appellants, but the merits of the case really lie within a very narrow compass.
We think the court below did not err in treating the instrument executed by Jordan in favor of Jeremiah Strode, on the 4th day of February, A. D. 1835, as a bond for title, and not an absolute conveyance. The instrument in question is substantially the same as the one which was construed by this court in the case of tie-crest v. Jones, 21 Tex., 121. It showed that…
2Cases cited1 opinion
- Secrest v. JonesTexas Supreme Court · 1858
3Cited by11 opinions
- Lipscomb v. FuquaTexas Supreme Court · 1910
- Sanders v. WorthingtonTexas Supreme Court · 1964
- Roebke v. AndrewsWisconsin Supreme Court · 1870
- Mooring & Lyon v. McBrideTexas Supreme Court · 1884
- Federal Life Ins. Co. v. MartinCourt of Appeals of Texas · 1941
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