Cook v. Moore
Texas Supreme Court
Appeal from Kerr. Tried below before the Hon. I. N. Everett. This action was brought by Temperance A. Cook to recover of the defendants, Frank Moore et al., a tract of land in Kerr county. The plaintiff’s title was derived from W. L. Haly, to whom the land had been patented. The deed of plaintiff from Haly was recorded in Bexar county, where the land was then situated, Kerr county having been subsequently organized.
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Appeal from Kerr. Tried below before the Hon. I. N. Everett. This action was brought by Temperance A. Cook to recover of the defendants, Frank Moore et al., a tract of land in Kerr county. The plaintiff’s title was derived from W. L. Haly, to whom the land had been patented. The deed of plaintiff from Haly was recorded in Bexar county, where the land was then situated, Kerr county having been subsequently organized. In September, A. D. 1862, the plaintiff made a conveyanee of the land in question to one Perry B. lies, from whom the defendants deraign title. The petition alleged that the deed…
1Opinion of the CourtMcAdoo, J.
The court below did not err in overruling the motion of plaintiff to strike out defendants’ plea, that they were purchasers without notice.
If the deed from plaintiff to lies was procured from the plaintiff by the infamous fraud and villainy alleged *261in the plaintiff’s petition, on a trial between them the deed would certainly, on proof of the allegations, be held to be absolutely null and void. But, as between the original parties, lies’ s title is prima facie good, even as to them, and it could only be avoided by a suit,' and a decree annulling and canceling the deed.
As the deed, on its face,…
2Cited by11 opinions
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- Dorsey v. TempleCourt of Appeals of Texas · 1937
- Jordan v. McNeilSupreme Court of Kansas · 1881
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