Threadgill v. Butler
Texas Supreme Court
Error from McLennan. Tried below before the Hon. L. C. Alexander. On August 31, 1878, Butler brought this suit of trespass to try title against Threadgill and others to recover the land described in the petition. Subsequently by amended petition the unknown heirs of Thomas McDonough were made parties, etc.
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Error from McLennan. Tried below before the Hon. L. C. Alexander. On August 31, 1878, Butler brought this suit of trespass to try title against Threadgill and others to recover the land described in the petition. Subsequently by amended petition the unknown heirs of Thomas McDonough were made parties, etc. The case as made by the pleadings was in substance that the land in controversy was patented to Thomas McDonough as assignee of William Russell, September 9, 1847. March 17, 1848, McDonough sold the same to L. J. Latham for $100, received the purchase money, and executed, acknowledged and…
1Opinion of the Court
Watts, J. Com. App.
Formerly, when seals were essential, it was generally held that blanks in deeds, bonds and other specialties could not be supplied, and the instrument perfected by any one acting under parol authority. But more recently, since seals have been generally abolished, and but little importance attached to their use, undoubtedly the weight of authority sustains the proposition that any one acting under parol authority can fill blanks, and perfect such instruments in accordance with the intention of the parties.
In the case of Inhabitants of South Berwick v. Huntress, 53 Me., 90,…
2Cases cited6 opinions
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