Secrest v. Jones
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. Action of trespass to try title, commenced in Colorado county, April 12th, 1853, by William J. Jones, against Washington Secrest and Larkin Secrest. The land sued for was-the upper half of share number two, allotted to John J. Tumlinson, one of the heirs of Elizabeth Tumlinson, deceased, in the division of the league and labor of land, granted to said Elizabeth by the Mexican Government, as her headright.
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Appeal from Fayette. Tried below before the Hon. James H. Bell. Action of trespass to try title, commenced in Colorado county, April 12th, 1853, by William J. Jones, against Washington Secrest and Larkin Secrest. The land sued for was-the upper half of share number two, allotted to John J. Tumlinson, one of the heirs of Elizabeth Tumlinson, deceased, in the division of the league and labor of land, granted to said Elizabeth by the Mexican Government, as her headright. The defendants pleaded not guilty. The plaintiff gave in evidence : The grant to Elizabeth Tumlinson, as the head of a family,…
1Opinion of the CourtWheeler, J.
The doctrine held by this Court, in repeated decisions, has been that obligations to make title, of the character of that from Wright to Fitchett, of the 24th of April, 1834, are executory contracts of sale, which do not have the effect of a conveyance to pass the title absolutely. (3 Tex. R. 473-4.) They evidence a contract of sale ; and they bind the obligor to make a conveyance, in case the obligee shall not make default in the performance of his part of the contract. But they do not pass the title absolutely. In case of the default of the vendee, the vendor may elect to abandon the…
2Cited by31 opinions
- Carl v. SettegastTexas Commission of Appeals · 1922
- Stafford v. StaffordTexas Supreme Court · 1902
- Russell v. FarquharTexas Supreme Court · 1881
- Lipscomb v. FuquaTexas Supreme Court · 1910
- G. W. Tom & Wife v. WollhoeferTexas Supreme Court · 1884
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