Mixon v. Cora Miles
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Plaintiffs, Cora Miles et al., sought to establish a trust in their favor upon a tract of land of 233 acres, conveyed by T. C. Mixon to defendant D. C. Mixon, and to recover $3609.66. A judgment for plaintiffs was affirmed on defendant’s appeal, and he then applied for writ of error.
1Opinion of the Court
GAINES, Chief Justice.
Booth v. Fiest, 80 Texas, 141, was a case very like the case now under consideration. There the claim of the plaintiffs was that they had made to the defendant a deed to a tract of land, which, although purporting to convey the title, was intended merely to secure a loan of money, and that the defendant, in violation of the agreement, had sold the land to an innocent purchaser. It was held that the measure of damages was either the purchase money for which the land was sold and interest, or the value of the land at the time of the trial, at the option of the plaintiffs —…
2Cases cited1 opinion
- Boothe v. FiestTexas Supreme Court · 1891
3Cited by13 opinions
- McCord v. W.A. NaboursTexas Supreme Court · 1908
- D. Sullivan & Co. v. RamseyCourt of Appeals of Texas · 1913
- Houston Oil Co. v. RandolphTexas Commission of Appeals · 1923
- Norton v. LeaCourt of Appeals of Texas · 1914
- Home Inv. Co. v. StrangeCourt of Appeals of Texas · 1912
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