Perrin v. Perrin
Texas Supreme Court
Appeal from Hunt. Tried below before the Hon. Green J. Clark. In 1848 James M. and I. W. Perrin, who were brothers and nonresidents of Texas, made an agreement to buy and locate land certificates in Texas. By the terms of this agreement, I. W. Perrin was to furnish the money and James M. was to buy the certificates, locate the lands and procure the patents — the two to be equally interested in the lands so acquired.
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Appeal from Hunt. Tried below before the Hon. Green J. Clark. In 1848 James M. and I. W. Perrin, who were brothers and nonresidents of Texas, made an agreement to buy and locate land certificates in Texas. By the terms of this agreement, I. W. Perrin was to furnish the money and James M. was to buy the certificates, locate the lands and procure the patents — the two to be equally interested in the lands so acquired. I. N. Perrin furnished the necessary money to purchase, locate and patent the lands in controversy, as well as several other tracts, which J. M. Perrin located and procured the…
1Opinion of the Court
Stayton, Associate Justice.
Under the admitted facts, the equitable title to one-half of the land acquired under the contract between I. N. and James M. Perrin was in the former, while the legal title to the whole was in the latter.
It is also true that, through the parol partition made by I. N. and J. M. Perrin, the equitable title to the land set apart to the former vested in him, freed from any claim of the latter, who simply held the legal title to the particular tracts of lands so set apart to I. N. Perrin, in trust for him.
The appellee does not claim the land in controversy through any…
2Cited by5 opinions
- Olson v. BurtonCourt of Appeals of Texas · 1911
- Missouri, Kansas & Texas Railway Co. v. YaleCourt of Appeals of Texas · 1901
- Emery v. BarfieldCourt of Appeals of Texas · 1916
- Barfield v. W. C. Belcher Land Mortgage Co.Texas Commission of Appeals · 1924
- Emery v. BarfieldCourt of Appeals of Texas · 1916