Steed v. Petty
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. August 3,1879, Mrs. V. E. Petty, joined by her husband, B. M. Petty, and her sister, Miss L. B. Steed, brought this suit of trespass to try title against the tenants of their brother, W. M. Steed, for a tract of two hundred and twenty acres of land in Houston county. W. M. Steed defended as landlord.
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Appeal from Houston. Tried below before the Hon. J. P. Stevenson, special judge. August 3,1879, Mrs. V. E. Petty, joined by her husband, B. M. Petty, and her sister, Miss L. B. Steed, brought this suit of trespass to try title against the tenants of their brother, W. M. Steed, for a tract of two hundred and twenty acres of land in Houston county. W. M. Steed defended as landlord. He disclaimed, except as to the northwest and southwest quarters, or one hundred and ten acres; admitted that the legal title was in plaintiffs for the whole tract, but, as to the one hundred and ten acres claimed,…
1Opinion of the Court
Willie, Chief Justice.
Among other requisites, two must have concurred to create an estoppel:
1. There must have been a false representation or concealment of material facts.
2. The party to whom the representation was made, or from whom the material facts were concealed, must have been ignorant of the truth of the matter. Bigelow on Estop., 484; 2 Pomeroy Eq. Jur., 805.
In making the partition of the two hundred and twenty acres of land among the children of Mrs. E. T. Steed, to wit: Mrs. .V. E. Petty, Miss L. R. Steed, M. D. Steed and W. M. Steed, there was no material fact of which each one of…
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