Leakey v. Gunter
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. O. A. Frazer. This was a suit brought by the appellee against the appellant, for the purpose expressed in the opinion of the court, to wit: to establish that the legal title vested in the defendant by a certain conveyance to him was held by him in trust for the plaintiff, and to compel the execution of the trust.
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Appeal from Wood. Tried below before the Hon. O. A. Frazer. This was a suit brought by the appellee against the appellant, for the purpose expressed in the opinion of the court, to wit: to establish that the legal title vested in the defendant by a certain conveyance to him was held by him in trust for the plaintiff, and to compel the execution of the trust. The ground of action substantially was, according to the allegations of the ""petition, that the plaintiff had contracted to purchase from J. M. Clark, as the agent of J. E. Lemon, a tract of land comprising thirty acres, for the price of…
1Opinion of the CourtWheeler, C. J.
The principal object of the suit was to establish and enforce a trust, for the benefit of the plaintiff, in the land in controversy. Both parties derived their ■ pretensions of title from the same source, and by the same conveyance; and the object of the suit was to establish that the legal title vested in the defendant by that conveyance was held by him in trust for the plaintiff, and to compel the execution of the trust. It was not an ordinary action of trespass to try title, but a suit to enforce the equitable title against the trustee of the legal estate. It was not a case, therefore, in…
2Cited by14 opinions
- Capitol Hotel Co. v. RittenberryCourt of Appeals of Texas · 1931
- Lanier v. LooneyCourt of Appeals of Texas · 1928
- Grasty v. WoodCourt of Appeals of Texas · 1950
- Redwine v. ColemanCourt of Appeals of Texas · 1934
- Vicars v. QuinnCourt of Appeals of Texas · 1941
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