McCown v. Wheeler
Texas Supreme Court
Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by defendant in error against plaintiff in error, alleging that on the 17th of June, 1853, plaintiff employed defendant to sell a certain tract of land, which plaintiff then owned, and placed in his possession a deed for said land from Lewis Hetzler, the original grantee ; “ that the name of the grantee had been left blank in said deed, with instructions to fill up the same, when sold, with the…
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Error from Washington. Tried below before the Hon. R. E. B. Baylor. Suit by defendant in error against plaintiff in error, alleging that on the 17th of June, 1853, plaintiff employed defendant to sell a certain tract of land, which plaintiff then owned, and placed in his possession a deed for said land from Lewis Hetzler, the original grantee ; “ that the name of the grantee had been left blank in said deed, with instructions to fill up the same, when sold, with the purchaser’s name ; that A. S. Ruthven purchased the same of Lewis Hetzler, and took the deed in blank, for convenience in making…
1Opinion of the CourtWheeler, J.
It is objected to the judgment, that the plaintiff has shown no cause of action, because it appears by his averments, that the deed was left blank as to the name of the grantee. In Bacon’s Abridgment, it is said, “ If a blank piece of paper be. signed, sealed and delivered, and afterwards an instrument be written over the signature, it is no deed, as there was nothing of substance in it. But a deed executed with blanks, and after-wards filled up and delivered by the agent of the party, is good. The blanks must not, however, be filled up after the acknowledgment.” (4 Bacon, Abr. 212.) Whether…
2Cited by12 opinions
- Simpson v. GreenTexas Commission of Appeals · 1921
- Southern Pine Lumber Co. v. ArnoldCourt of Appeals of Texas · 1911
- Wright v. LancasterTexas Supreme Court · 1877
- Farmers Royalty Holding Co. v. JeffusCourt of Appeals of Texas · 1936
- Young v. MageeCourt of Appeals of Texas · 1946
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