Harrison v. Fryar
Court of Appeals of Texas
Appeal from De Witt. Tried below before Hon. S. F. Grimes. 1. A recital in a deed which has become an. ancient instrument is onily binding upon the parties thereto and their privies; therefore the recitals in the deed introduced in evidence from S. A. White to Johnson Eosell, that he owned the land, in no way bound the appellant, Bichard Harrison.
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Appeal from De Witt. Tried below before Hon. S. F. Grimes. 1. A recital in a deed which has become an. ancient instrument is onily binding upon the parties thereto and their privies; therefore the recitals in the deed introduced in evidence from S. A. White to Johnson Eosell, that he owned the land, in no way bound the appellant, Bichard Harrison. Sayles’ Civ. .Stats., title 38, chap. 4,. rule 32; Burke v. Turner, 79 Texas, 278; House v. Brent, 69 Texas, 27; Tucker v. Murphy, 66 Texas, 355; Houston v. Blythe, 60 Texas, 506. 2.The recital in the deed was that of S. A. White and Johnson Eosell…
1Opinion of the Court
. WILLIAMS, Associate Justice.
Errors are assigned in this appeal upon the admission of evidence and upon, the conclusions of the district judge alone. No exceptions were taken to the findings in the court below, and, in the motion which was made for a new trial, the only specifications of the ground urged were, generally, that “the judgment is contrary to law;” that “the judgment is contrary to the evidence;” and that “the judgment is contrary to the law and the evidence.”
The conclusions of the trial judge were as follows:
“1. That the 640 acres of land was granted to John -Harrison by patent…
2Cited by8 opinions
- Magee v. PaulTexas Supreme Court · 1920
- Brewer v. CochranCourt of Appeals of Texas · 1907
- Adams v. SlatteryTexas Supreme Court · 1956
- White v. McCulloughCourt of Appeals of Texas · 1909
- Dunn v. EppersonCourt of Appeals of Texas · 1915
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