Jacobs v. Mildred
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. Suit in trespass to try title, brought by Sarah Jacobs, appellant, against J. H. McClintock and Mildred McClintock, to recover lot six and half of lot seven, in block one hundred and twenty-six, on the south side of Buffalo Bayou, in the city of Houston.
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Appeal from Harris. Tried below before the Hon. James Masterson. Suit in trespass to try title, brought by Sarah Jacobs, appellant, against J. H. McClintock and Mildred McClintock, to recover lot six and half of lot seven, in block one hundred and twenty-six, on the south side of Buffalo Bayou, in the city of Houston. The original petition was filed July 28, 1875. October 19, 1875, defendants answered by general demurrer, plea of not guilty; that they were innocent purchasers of the property; plead limitation, and suggested valuable improvements made in good faith. They also alleged that they…
1Opinion of the Court
Bonner, Associate Justice.
Sarah Jacobs, plaintiff below, appellant here, seeks to avoid the trust sale and deed under which appellees claim, made by Brashear, substitute trustee for Grainger, for the reason that Brashear was not legally appointed: first, because the contingency had not happened which authorized Brewster to make the appointment; second, because the appointment was not made under seal.
The trust deed provided that in the event Grainger should be unwilling or unable to act in carrying out the trust, then for the appointment by him of a substitute trustee.
And in the event Grainger…
2Cited by1 opinion
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