Legal Opinion

Smith v. Crosby

Texas Supreme Court

Decided July 1, 1877PublishedCited by 19 opinions

Appeal from Tarrant. Tried below before the Hon. Hardin Hart. On the 7th day of February, A. D. 1854, John Hancock entered into an agreement with J. F. Crosby to perfect title and procure patents to three leagues and two labors of land in El Paso county, Texas. Said Crosby was to have “ a good and perfect title to one fourth of said three leagues and two labors” when patents were obtained for the same.

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Appeal from Tarrant. Tried below before the Hon. Hardin Hart. On the 7th day of February, A. D. 1854, John Hancock entered into an agreement with J. F. Crosby to perfect title and procure patents to three leagues and two labors of land in El Paso county, Texas. Said Crosby was to have “ a good and perfect title to one fourth of said three leagues and two labors” when patents were obtained for the same. Said Hancock was acting as the agent of M. T. Johnson, and Ms contract was ratified by said Johnson on the 30th December, . A. D. 1857. Crosby released Hancock, and looked to Jolmson for his…

1Opinion of the Court

Moore, Associate Justice.

The appellee, Crosby, by his cross-bill, upon which the judgment was rendered, from which this appeal is prosecuted, claims that, by reason of the fulfillment and performance on his part of the terms and conditions of the contract touching the locating, surveying, and procuring patents for three land certificates—one for one league, and the others for one league and labor each—which contract was between himself and John Hancock, subsequently ratified and approved by M. T. Johnson, he is entitled to a decree for one fourth of three leagues, and one fourth of two labors…

2Cases cited3 opinions

  1. Perkins v. HartSupreme Court of the United States · 1826
  2. Sickels v. PattisonNew York Supreme Court · 1835
  3. Kelly's heirs v. BradfordCourt of Appeals of Kentucky · 1814

3Cited by19 opinions

  1. Adams v. Petrade International, Inc., Texas Court of Appeals, 1st District (Houston)1988
  2. Drane, Ind. Extr. v. Jefferson Std. Life Ins. Co.Texas Supreme Court · 1942
  3. Sprague v. HainesTexas Supreme Court · 1887
  4. Cheek v. MetzerTexas Supreme Court · 1927
  5. Eastland County v. DavissonTexas Commission of Appeals · 1929

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