Legal Opinion

Dunlap's Adm'r v. Wright

Texas Supreme Court

Decided July 1, 1854PublishedCited by 60 opinions

Appeal from Victoria. The contest in the Court below turned entirely on the questions whether Mrs. Wright had .authority to convey, either in fact, or by operation of law, during the absence of her husband from the country; whether there was an actual rescission of the contract, which involved the question whether Alexander Dunlap purchased for himself, op as trustee for Richard G. Dunlap; and whether the defendants, failing the other defences, could hold the land by virtue…

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Appeal from Victoria. The contest in the Court below turned entirely on the questions whether Mrs. Wright had .authority to convey, either in fact, or by operation of law, during the absence of her husband from the country; whether there was an actual rescission of the contract, which involved the question whether Alexander Dunlap purchased for himself, op as trustee for Richard G. Dunlap; and whether the defendants, failing the other defences, could hold the land by virtue of the statute of limitations. The briefs of counsel, so far as they related to those points, are omitted. The facts, so…

1Opinion of the Court

Hemphill, Ch. J.

This is an action of trespass to try title, brought on the 24th February, 1847, by Wilkins Hunt, administrator of Alexander Dunlap, deceased, against John D. Wright. Margaret T. Wright, wife of the defendant, subsequently intervened and became a party defendant. The allegations of the petition are in the usual form. The land is described as lying in the county of Victoria, on the west side of the Guadalupe river, adjoining the lines of the town tract on the upper side, and as containing a full league, fronting on the river at least two miles and a half, and running back with…

2Cases cited5 opinions

  1. Astor v. HoytCourt for the Trial of Impeachments and Correction of Errors · 1830
  2. Jackson ex dem. Watson v. McKennyNew York Supreme Court · 1829
  3. Cornell v. ToddNew York Supreme Court · 1846
  4. Kerr v. GilmoreSupreme Court of Pennsylvania · 1837
  5. Dillingham v. EstillCourt of Appeals of Kentucky · 1835

3Cited by60 opinions

  1. Peters v. ClementsTexas Supreme Court · 1876
  2. Cannon v. McDanielTexas Supreme Court · 1876
  3. McPherson v. JohnsonTexas Supreme Court · 1888
  4. Monroe v. BuchananTexas Supreme Court · 1863
  5. Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884

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