Legal Opinion

Wallace & Co. v. Campbell

Texas Supreme Court

Decided April 10, 1880No. Case No. 3653PublishedCited by 16 opinions

Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit in trespass to try title, brought by appellants Wallace & Co. against appellees, on the 6th day of February, 1874, for the recovery of one hundred and sixty acres of land in Lamar county, which was deeded to S. B. Maxey, trustee, for J. K. P. Campbell, January 30, 1872, by H. R. Ryan.

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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. Suit in trespass to try title, brought by appellants Wallace & Co. against appellees, on the 6th day of February, 1874, for the recovery of one hundred and sixty acres of land in Lamar county, which was deeded to S. B. Maxey, trustee, for J. K. P. Campbell, January 30, 1872, by H. R. Ryan. On the 3d day of November, 1875, plaintiffs amended their petition, and alleged that they claimed the land by virtue of a deed executed to them by the sheriff of Lamar county, dated In February, 1874, and by virtue of certain judgments rendered by…

1Opinion of the Court

Gould, Associate Justice.

1. The transcript of the proceedings and decree of the chancery court of Tennessee was properly admitted in evidence, not as a muniment of title to land in Texas, but as showing the nature and terms of the trust attaching to the funds transferred by order of said court to the trustee appointed by the district court of Lamar county to receive them, and attaching also to the land in which said funds were invested by said trustee.

2. The trustee Maxey held the title to the land in which said funds were invested in trust to apply the income to the use and benefit of the…

2Cases cited1 opinion

  1. Nichols v. EatonSupreme Court of the United States · 1875

3Cited by16 opinions

  1. Shelton v. KingSupreme Court of the United States · 1913
  2. Simonton v. WhiteTexas Supreme Court · 1899
  3. Holt v. GuerguinTexas Supreme Court · 1914
  4. Seymour v. McAvoyCalifornia Supreme Court · 1898
  5. San Diego Trust & Savings Bank v. HeustisCalifornia Court of Appeal · 1932

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