Allison v. Shilling
Texas Supreme Court
Appeal from Tyler. Tried below before the Hon. J. M, Maxcy. John C. Shilling, the appellee, brought this suit in the District Court of Tyler county, to compel the appellant, Joseph B.. Allison, to execute to the plaintiff a “ warrantee title ” to a tract of one hundred and sixty acres of land, described by metes and hounds.
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Appeal from Tyler. Tried below before the Hon. J. M, Maxcy. John C. Shilling, the appellee, brought this suit in the District Court of Tyler county, to compel the appellant, Joseph B.. Allison, to execute to the plaintiff a “ warrantee title ” to a tract of one hundred and sixty acres of land, described by metes and hounds. The petition was filed March 1, 1858, and alleged that the defendant, on the 19th of December, 1851, executed and delivered his title bond to Thomas B. Greenwood, covenanting therein to convey title to said Greenwood to two tracts of land in Tyler county of 160 acres each,…
1Opinion of the CourtMoore, J.
The exception of the defendant in the court below, who is the appellant in this court, to the plaintiff’s petition, for the non-joinder of proper parties as defendants, should have been sustained. There is no privity between the parties to this suit in the contract, for which a specific performance is asked. The plaintiff is not the assignee of the bond which he seeks to enforce against the defendant. His right to maintain this suit, and to claim that the land described in the defendant’s bond shall be decreed him, rests upon his equitable title from those who acquired a like title to it,…
2Cited by28 opinions
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- In The Matter Of Wesley R. England, DebtorCourt of Appeals for the Fifth Circuit · 1992
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