Mullins v. Wimberly
Texas Supreme Court
Error from Smith. Tried below before the Hon. M. H. Bonner. October 30, 1868, Warren Williams and H. S. Williams bought .of J. B. Lollande a tract of six hundred and thirteen acres in a square and part of the Thomas Quevado seven-league grant. The tract was divided by Copperas creek, running from north to south and near the middle. At the purchase, there were improvements on the east side of Copperas creek on the land. There the purchasers both lived for awhile.
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Error from Smith. Tried below before the Hon. M. H. Bonner. October 30, 1868, Warren Williams and H. S. Williams bought .of J. B. Lollande a tract of six hundred and thirteen acres in a square and part of the Thomas Quevado seven-league grant. The tract was divided by Copperas creek, running from north to south and near the middle. At the purchase, there were improvements on the east side of Copperas creek on the land. There the purchasers both lived for awhile. In 1876 they made a division, by which Warren Williams took that part east of Copperas creek and H. S. Williams that part west of…
1Opinion of the Court
Moore, Chief Justice.
That there was a mistake in the deed from Bichólas L. to Warren Williams is beyond dispute. And if appellee is chargeable with actual or constructive notice of this mistake when he took from Warren Williams the deed of trust through which he derives the title upon which he brings this action, it cannot be denied that the judgment against appellant must be reversed. It is not pretended that the mistake in the deed had been in any way corrected prior to that time, or that notice of it could have been obtained by examining the records. On the contrary, the registration of…
2Cases cited5 opinions
- Watkins v. EdwardsTexas Supreme Court · 1859
- Grimstone v. CarterNew York Court of Chancery · 1831
- Woods v. FarmereSupreme Court of Pennsylvania · 1838
- Russell v. SweezeyMichigan Supreme Court · 1871
- Mann v. FalconTexas Supreme Court · 1860
3Cited by17 opinions
- Ramirez v. SmithTexas Supreme Court · 1900
- Paris Grocer Co. v. W.H. BurksTexas Supreme Court · 1907
- Mainwarring v. TemplemanTexas Supreme Court · 1879
- Houston Oil Co. v. ChoateTexas Commission of Appeals · 1921
- Wimberly v. BaileyTexas Supreme Court · 1882
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