Flanikin v. Fokes
Texas Supreme Court
Appeal from Milam. The petition alleged “ that Abigail “ Fokes, a resident of the said county of Milam, on the- “ day of-, 1835, entered into a contract with said Steel, “ wherein the said Abigail, in consideration that the said Steel “ would clear out her headright league of land, to which she 11 was entitled as a colonist in the Nashville Colony, pay all “ the Government dues and expenses, and obtain a grant or “ title to the same, covenanted and agreed to convey to said “…
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Appeal from Milam. The petition alleged “ that Abigail “ Fokes, a resident of the said county of Milam, on the- “ day of-, 1835, entered into a contract with said Steel, “ wherein the said Abigail, in consideration that the said Steel “ would clear out her headright league of land, to which she 11 was entitled as a colonist in the Nashville Colony, pay all “ the Government dues and expenses, and obtain a grant or “ title to the same, covenanted and agreed to convey to said “ Steel, his heirs and administrators, a good and sufficient title “ to one equal and undivided half of her said…
1Opinion of the CourtLipscomb, J.
This suit was brought by the appellant, for the specific performance of a bond, alleged to have been given by the defendant to Steel, the intestate of plaintiff, to make title to one-half of a league of land granted to the defendant, in consideration of the fees and expenses of procuring the grant being paid by Steel. It was alleged that the bond was lost. The only evidence that such bond was ever in existence, was the acknowledgement of the defendant that she had given such a bond, and was ready to make title when the bond was presented. There were several matters of defence set up by the…
2Cited by5 opinions
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- Commercial Union Assur. Co. v. WinsteadCourt of Appeals of Texas · 1919
- Kirby v. Cruce, Texas Court of Appeals, 5th District (Dallas)1985
- Kirby v. Cruce, Texas Court of Appeals, 5th District (Dallas)1985
- State Ex Rel. Blaine v. DaleSupreme Court of Oklahoma · 1927