Cheveral v. McCormick
Texas Supreme Court
Appeal from. Harris. Tried below before the Hon. James Masterson. Appellant brought this suit in trespass to try title on the 20th of June, 1874, against C. P. McCormick, to recover possession of fifty acres of land in Harris county, being a portion of the league originally granted by the Mexican government to Arthur McCormick, claiming title to and possession of the same on the 1st day of January, 1874, when defendant’s entry was alleged.
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Appeal from. Harris. Tried below before the Hon. James Masterson. Appellant brought this suit in trespass to try title on the 20th of June, 1874, against C. P. McCormick, to recover possession of fifty acres of land in Harris county, being a portion of the league originally granted by the Mexican government to Arthur McCormick, claiming title to and possession of the same on the 1st day of January, 1874, when defendant’s entry was alleged. He amended by alleging that plaintiff and defendant claimed the land from a common source, to wit, from Michael McCormick; that the defendant claimed by…
1Opinion of the Court
Watts, J. Com. App.
While courts of equity will ordinarily aid the defective execution of a power, they will never undertake to make valid the attempted execution of a power which is void for the want of authority in the person who attempts its execution, .
In this case Brashear attempted to execute the deed of trust by virtue of an instrument which does not invest him with any authority to make the sale. Hence this is not a question of the defective execution of a power, but where there is an entire want of" authority in Brashear to execute the power.
When this case was before us on the former…
2Cases cited1 opinion
- Jacobs v. MildredTexas Supreme Court · 1880
3Cited by8 opinions
- Bowman v. OakleyCourt of Appeals of Texas · 1919
- Bemis v. WilliamsCourt of Appeals of Texas · 1903
- Johnson v. SnamanCourt of Appeals of Texas · 1934
- Howe Grain & Mercantile Co. v. TaylorCourt of Appeals of Texas · 1912
- Clarkson v. RuizCourt of Appeals of Texas · 1937
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