Ryan v. Porter
Texas Supreme Court
Appeal from Burleson. Tried below before the Hon. I. B. McFarland. January 13, 1880, appellee brought trespass to try title against appellant and Dock Sharp, to recover twenty acres of land adjacent to the town of Caldwell.
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Appeal from Burleson. Tried below before the Hon. I. B. McFarland. January 13, 1880, appellee brought trespass to try title against appellant and Dock Sharp, to recover twenty acres of land adjacent to the town of Caldwell. He claimed title as follows: 1st. Conveyance from L. L. Chiles to W. J. Hill and six others as trustees,enumerating the following trusts: (1) That they should erect on said premises a dwelling-house and fixtures for the use and occupancy of the married itinerant preachers of the Methodist Episcopal Church South, who may from time to time be stationed on the circuit which…
1Opinion of the Court
Watts, J. Com. App.
In the absence of constitutional provisions or statutory enactments the common law is the rule of decision in this state. And in construing written instruments the recognized canons of construction of the common law and chancery courts, when not abrogated or modified by statute, will be applied. There is no statute affecting the rules applied by the courts named to the construction of instruments, with a view to determine whether or not they are made upon implied conditions subsequent. Art. 551 of the Revised Statutes, cited by appellees, has reference to the quantity and…
2Cases cited2 opinions
- Stanley v. ColtSupreme Court of the United States · 1867
- Mead v. BallardSupreme Court of the United States · 1869
3Cited by26 opinions
- Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
- Gulf Production Co. v. Continental Oil Co.Texas Supreme Court · 1939
- Hearne v. BradshawTexas Supreme Court · 1958
- Texas & Pacific Railway Co. v. MartinTexas Supreme Court · 1934
- Stanbery v. WallaceTexas Commission of Appeals · 1932
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