Legal Opinion

McKey v. Welch

Texas Supreme Court

Decided July 1, 1858PublishedCited by 20 opinions

Appeal from Hill. Tried below before the Hon. John Gregg. This was an action of trespass to try title, brought in the court below by the appellants, heirs of Thomas McKey, deceased, against John Welch, to recover two labors of land, being a part of the colony headright of said Thomas McKey, deceased.

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Appeal from Hill. Tried below before the Hon. John Gregg. This was an action of trespass to try title, brought in the court below by the appellants, heirs of Thomas McKey, deceased, against John Welch, to recover two labors of land, being a part of the colony headright of said Thomas McKey, deceased. The facts, as shown by the record, were, that Thomas McKey, in September, 1835, obtained from the government a. title for a league of land, lying on the Brazos river, and shortly after died, leaving Sally McKey, his widow, and the other plaintiffs, his children and heirs at law. During the…

1Opinion of the Court

Wheeler, Ch. J.

It appears to be well settled, and upon good reasons, that one joint tenant, or tenant in common, cannot convey a distinct portion of the estate, by metes and bounds, so as to prejudice his co-tenant; for, to give effect to such alienations, as against the co-tenants of the grantor, would be to create new tenancies in common, in distinct tracts or parcels of the estate, held in common, to the injury of the co-tenants. As one tenant in common has no right, on partition, to select any particular portion of the land, and insist on having his part set off in that specific portion,…

2Cases cited1 opinion

  1. Bartlet v. HarlowMassachusetts Supreme Judicial Court · 1815

3Cited by20 opinions

  1. Allen v. AllenTexas Supreme Court · 1908
  2. Fitch v. BoyerTexas Supreme Court · 1879
  3. Dorn v. DunhamTexas Supreme Court · 1859
  4. Campau v. GodfreyMichigan Supreme Court · 1869
  5. Dohoney v. WomackCourt of Appeals of Texas · 1892

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