Williams v. Chandler
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. This suit was brought by the appellant, Samuel M. Williams, against the appellees, F. W. Chandler, C. L. Moore, Lucinda Harper and her husband, T. W. Harper, and J. B. McFarland, administrator of John W. Chandler, for the recovery of the lower half of a league of land granted to John Cook, Sen., and to quiet his title thereto.
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Appeal from Fayette. Tried below before the Hon. James H. Bell. This suit was brought by the appellant, Samuel M. Williams, against the appellees, F. W. Chandler, C. L. Moore, Lucinda Harper and her husband, T. W. Harper, and J. B. McFarland, administrator of John W. Chandler, for the recovery of the lower half of a league of land granted to John Cook, Sen., and to quiet his title thereto. On the 5th day of March, 1831, Cook petitioned as a colonist in the colony of Stephen F. Austin, for the league of land known as league No. 6, which had been previously surveyed and selected by him; and on…
1Opinion of the CourtWheeler, C. J.
It is beyond question that the contract of sale of the 19th of December, 1831, was in contravention of law, and void, under the decisions of this court, which must be deemed to have settled the law applicable to contracts like the present. (Dismuke v. Griffin, 10 Tex. R., 113; and see Clay v. Cook, 16 Tex. R., 70.)
It is sought to maintain the title of the plaintiff on the ground that the declarations and acts of the vendor, and those claiming under him, evidence a new contract or ratification of the sale, or a parol sale, after the legal inhibition was removed. It is to be observed, however,…
2Cited by19 opinions
- Mayer v. RamseyTexas Supreme Court · 1876
- Bynum v. PrestonTexas Supreme Court · 1887
- Wallace v. PruittCourt of Appeals of Texas · 1892
- Holmes v. JohnsTexas Supreme Court · 1881
- McDow v. RabbTexas Supreme Court · 1882
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