Long's Adm'rs v. Steiger
Texas Supreme Court
Appeal from Harrison. This suit was brought for the recovery of certain negro slaves, named Willis and Clancy, and also some other articles of property. It is alleged by the appellants that the slaves were purchased by Robert Long, the deceased intestate, in 1841, at an official sale in Mississippi, and that they continued until his deatli to be his property.
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Appeal from Harrison. This suit was brought for the recovery of certain negro slaves, named Willis and Clancy, and also some other articles of property. It is alleged by the appellants that the slaves were purchased by Robert Long, the deceased intestate, in 1841, at an official sale in Mississippi, and that they continued until his deatli to be his property. There is no doubt, upon the pleadings and the evidence, that the purchase was made as stated; but the appellee contends that although the hill of sale was taken in the name of Robert Long, yet that the slaves were in fact purchased by…
1Opinion of the Court
Hemphill, Ch. J.
Several points are raised in this case, which, if necessary to be examined at length, would require considerable discussion. There is no doubt of the general principle that where the purchase-money is paid by one and title taken in the name of another, a resulting trust arises in favor of the former, or that if one buy as the agent of another, the title, though taken in the name of the agent, yet vests not in him but in liis principal. The defendant in this case is in possession; and proof that the title was not in the deceased, but in herself or some other person, would…
2Cited by9 opinions
- Flanagan v. PearsonTexas Supreme Court · 1884
- Willis v. LewisTexas Supreme Court · 1866
- Lott v. KingTexas Supreme Court · 1891
- Byers v. DanleySupreme Court of Arkansas · 1871
- Wacasey v. WacaseyCourt of Appeals of Texas · 1923
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