Lumpkin v. Adams & Wicks
Texas Supreme Court
Appeal from San Saba. Tried below before Hon. A. W. Moursund. This suit was brought by appellees on April 13, 1886, in trespass to try title and to remove cloud, against appellant for the 616-acre survey of land located in San Saba County, Texas, and patented by the State of Texas to Jacob De Cordova, assignee of the German Emigrant Company, on October 16, 1856. Defendant pleaded not guilty, a jury was waived, and this case was submitted to the court on December 14, 1886, on…
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Appeal from San Saba. Tried below before Hon. A. W. Moursund. This suit was brought by appellees on April 13, 1886, in trespass to try title and to remove cloud, against appellant for the 616-acre survey of land located in San Saba County, Texas, and patented by the State of Texas to Jacob De Cordova, assignee of the German Emigrant Company, on October 16, 1856. Defendant pleaded not guilty, a jury was waived, and this case was submitted to the court on December 14, 1886, on which day judgment was rendered in favor of appellees and against appellant for the land and costs of suit. The…
1Opinion of the Court
Collard, Judge.
It is evident that the deed of Jacob De Cordova to Victor Considerant, of January 9, 1856, was intended as a mortgage to secure an indebtedness of Cordova to Considerant, and that the latter *101so accepted it. The deed conveyed the survey in dispute, not then patented, and other surveys. Ten days afterwards Considerant, the vendee, acknowledged in writing to Cordova that he had received deeds from Cordova to a number of surveys, including a deed to the certificate located on the land in dispute, to secure the payment of Cordova’s two notes to him, one for $3310, the other for $60,…
2Cases cited2 opinions
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- Taylor v. HarrisonTexas Supreme Court · 1877
3Cited by22 opinions
- Realty Portfolio, Inc. v. HamiltonCourt of Appeals for the Fifth Circuit · 1997
- White v. McGregorTexas Supreme Court · 1899
- Loup v. Great Plains Western Ranch Co. (In Re Great Plains Western Ranch Co.)United States Bankruptcy Court, C.D. California · 1984
- Davis v. LundTexas Commission of Appeals · 1931
- Essex v. MitchellCourt of Appeals of Texas · 1915
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