Van Hook v. Simmons
Texas Supreme Court
Appeal from Navarro. The case was tried before Hon. John Gregg, one of the district judges. Van Hook sued Simmons in an action of trespass to try title. The defendant plead the general issue, not guilty. The statement of facts shows that Kercheffer recovered a judgment before a justice against Simmons, upon which the land, in controversy was sold by a constable, and the plaintiff became the purchaser.
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Appeal from Navarro. The case was tried before Hon. John Gregg, one of the district judges. Van Hook sued Simmons in an action of trespass to try title. The defendant plead the general issue, not guilty. The statement of facts shows that Kercheffer recovered a judgment before a justice against Simmons, upon which the land, in controversy was sold by a constable, and the plaintiff became the purchaser. There was proof that a deed, signed by S. C. Simmons and J. P. Simmons, had been seen. S. C. Simmons was himself put upon the stand, who swore that he had made a deed and delivered it to J. P.…
1Opinion of the Court
"Wheeler, C. J.
—The charge of the court was to the effect, that the parol agreement between the defendant and his brother, J. P. Simmons, to destroy the deed of conveyance from the former to the latter, and take back the land, would destroy the effect of that conveyance, or it would divest the estate of the latter, whether the deed was in fact destroyed or not. In this we incline to think the court erred. “If the grantee of land alter or destroy his title deed, yet (it is said) his title to the land is not gone. It passed to him by the deed; the deed has performed its office as an instrument…
2Cited by2 opinions
- David v. State Bank of GroomCourt of Appeals of Texas · 1922
- T. & N. O. R. R. Co. v. WhiteTexas Supreme Court · 1881