York v. McNutt
Texas Supreme Court
Appeal from De Witt, In 1842 Nicholas McNutt gave to Thomas M. Hughes a bond for title to eight hundred and thirty-four acres' out of said McNutt’s headright league, so soon as he, McNutt, should obtain from the Government a patent to said league.
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Appeal from De Witt, In 1842 Nicholas McNutt gave to Thomas M. Hughes a bond for title to eight hundred and thirty-four acres' out of said McNutt’s headright league, so soon as he, McNutt, should obtain from the Government a patent to said league. The bond was recorded in De Witt county, where the land lay, in 1848 ; in 1844, Hughes transferred to Coe, and in 1845 Coe transferred to John York, appellant’s intestate ; in 1845 McNutt obtained a patent for the league of'land; in 1850 McNutt resold the land to Means; and Means afterwards sold it to Wimbish ; in 1854 appellant, as administrator of…
1Opinion of the Court
Hemphill, Ch. J.
The appellant, in his argument, states that the only point in the record is, whether the illegality of the consideration of the bond is such as to avoid it in the hands of an innocent purchaser without notice, the bond never having been repudiated by McNutt until the sale from him to Means, which was years after the bond came by assignment into the hands of York. The point involves important considerations, and under a more full discussion might require an extended examination. Eor the present, the inquiry will be restricted to such views as are essential to the disposition of…
2Cases cited3 opinions
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- Mellette v. Hudstan Oil Corp.Court of Appeals of Texas · 1951
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