Thomas v. Groesbeck
Texas Supreme Court
Appeal from Navarro. Tried below before the Hon. Francis B. Wood. This is 'an action of trespass to try title, tried at the November term of the court, 1872. A jury was waived, and'* a statement of facts, of which the following is the substance, was submitted to the court: In June, 1870, T. J. Jackson, of Navarro county, after giving property to the elder children, divided the homestead tract between his two youngest daughters; to Mrs. Fewell, the eldest, giving twenty-six…
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Appeal from Navarro. Tried below before the Hon. Francis B. Wood. This is 'an action of trespass to try title, tried at the November term of the court, 1872. A jury was waived, and'* a statement of facts, of which the following is the substance, was submitted to the court: In June, 1870, T. J. Jackson, of Navarro county, after giving property to the elder children, divided the homestead tract between his two youngest daughters; to Mrs. Fewell, the eldest, giving twenty-six acres, and to the younger, Martha, then an infant and unmarried (the plaintiff here), he gave forty acres, upon which was…
1Opinion of the Court
Moore, Associate Justice.
The failure to record, and subsequent' destruction of the deed of Jackson to appellant Martha V. Thomas, if there had been a legal delivery of it, which we must infer from the language of the statement of facts, certainly neither divested her of the title, or interest in the land conveyed to and vested in her by the deed nor authorized its subsequent sale by Jackson to the appellees, who are admitted to have been fully informed, before the payment of the purchase money and the delivery of the deed under which they claim, of the prior conveyance by Jackson to the…
2Cited by3 opinions
- Belton Compress Co. v. Belton Brick Mfg. Co.Texas Supreme Court · 1885
- Watts v. McCloudCourt of Appeals of Texas · 1918
- David v. State Bank of GroomCourt of Appeals of Texas · 1922