House v. Brent
Texas Supreme Court
Error from Hood. Tried below before the Hon. T. L. Nugent. Suit by defendants in error to recover an undivided interest in one thousand three hundred and forty-five acres of land, part of one thousand nine hundred and twenty acres, patent to Which issued to the heirs of J. C. Grace in 1847. The plaintiffs claimed by inheritance as heirs of Grace.
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Error from Hood. Tried below before the Hon. T. L. Nugent. Suit by defendants in error to recover an undivided interest in one thousand three hundred and forty-five acres of land, part of one thousand nine hundred and twenty acres, patent to Which issued to the heirs of J. C. Grace in 1847. The plaintiffs claimed by inheritance as heirs of Grace. House claimed under deed from the heirs of Grace to J. DeCordova, who located the land, and who claimed a locative interest of one-third. There was no i evidence of a contract for such an interest. Stale demand was pleaded by defendant. DeCordova did…
1Opinion of the Court
Collard, Judge.
The first assignment of error is not well taken. The recitals in the deed of the eleventh of October, 1856, purporting to be the deed of others and one signing as the guardian of plaintiffs, in the absence of any evidence of the authority under which the guardian acted, would not be binding upon the plaintiff. The deed was not signed by them or by any one shown to be in privity with them or by any one whose acts •could in any way affect them. If it was signed by one who had the right to bind them, the deed itself would convey their estate in which case the recitals would be…
2Cases cited5 opinions
- Tucker v. MurphyTexas Supreme Court · 1886
- Williams v. CongerTexas Supreme Court · 1878
- Terrell v. MartinTexas Supreme Court · 1885
- Henry S. Sypert v. McCowen’s Executors Et Al.Texas Supreme Court · 1866
- White v. JonesTexas Supreme Court · 1887
3Cited by11 opinions
- Harris v. MayfieldTexas Commission of Appeals · 1924
- Lagow v. GloverTexas Supreme Court · 1890
- Collier v. CarawayCourt of Appeals of Texas · 1940
- Reynolds v. Farmers & Merchants Nat. Bank of NoconaCourt of Appeals of Texas · 1939
- Ellis v. Le BowCourt of Appeals of Texas · 1902
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