Rucker v. Dailey
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was a suit for specific performance, brought by G. A. Rucker against W. T. Moor and his wife, M. E. G. Moor, S. L. Hamilton and his wife, Jane Hamilton, J. C. Wilkison, L. D. Lowder, Thomas Den-ton, Theophilis Denton, J. A. Sledge, William Hurley, Eugenia Pearson and J. W. Pearson.
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Appeal from Johnson. Tried below before the Hon. Jo. Abbott. This was a suit for specific performance, brought by G. A. Rucker against W. T. Moor and his wife, M. E. G. Moor, S. L. Hamilton and his wife, Jane Hamilton, J. C. Wilkison, L. D. Lowder, Thomas Den-ton, Theophilis Denton, J. A. Sledge, William Hurley, Eugenia Pearson and J. W. Pearson. Plaintiff’s amended original petition was filed May 2, 1884; it stated that his original petition was filed March 30, 1880; that on September 11, 1855, Daniel Dailey made two executory contracts with Jas. M. Cox, in one of which he promised, in…
1Opinion of the Court
Willie, Chief Justice.
It has frequently been held by this court that when a contract like those upon wMch this sMt is founded has been executed by the obligee, and the legal title to the land has vested in the obligor, the latter holds that portion of the land he has contracted to convey in trust for the benefit of the obligee. So long as tMs trust relation continues, and is recognized by the obligor, and more especially if, by any acts on his part, the obligee is induced to refrain from suit, the statute of limitations will not run against the enforcement of the contract. When it is set in…
2Cases cited5 opinions
- De Cordova v. Smith's Adm'xTexas Supreme Court · 1852
- Glasscock v. NelsonTexas Supreme Court · 1861
- Holman v. CriswellTexas Supreme Court · 1855
- Earley v. SterrettTexas Supreme Court · 1856
- Cullem v. LatimerTexas Supreme Court · 1849
3Cited by13 opinions
- Wilson v. SimpsonTexas Supreme Court · 1891
- Campbell v. McFaddenCourt of Appeals of Texas · 1895
- Pearce v. DyessCourt of Appeals of Texas · 1907
- Chapman v. MooneyCourt of Appeals of Texas · 1924
- Murphy v. JohnsonCourt of Appeals of Texas · 1932
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