Glasscock v. Nelson
Texas Supreme Court
Appeal 'from Limestone. Tried below before the Hon. John Gregg. This suit was brought on the 18th of October) 1852, by George; W. Glasscock against Samuel Nelson, administrator de bonis non of the estate of John D. Smith, deceased, for a specific performance of a certain obligation or deed made by one John Smith and wife for the sale to the plaintiff of one-fourth, being 1,107 acres, of their headright league of land, and for the partition of said league and assignment to…
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Appeal 'from Limestone. Tried below before the Hon. John Gregg. This suit was brought on the 18th of October) 1852, by George; W. Glasscock against Samuel Nelson, administrator de bonis non of the estate of John D. Smith, deceased, for a specific performance of a certain obligation or deed made by one John Smith and wife for the sale to the plaintiff of one-fourth, being 1,107 acres, of their headright league of land, and for the partition of said league and assignment to plaintiff of the portion claimed by him under said instrument. By an amendedcpetition, the heirs of John D. Smith were…
1Opinion of the CourtRoberts, J.
The instrument from John Smith and wife to Glasscock, although in • the shape of a- deed, was an executory obligation for one-fourth of a league of land out of the headright claim of John Smith. It was executed on the sixth day of July, 1836, before the land was located. It does not identify any particular tract then expected to be located. It contemplated the surveying off and designating the boundaries of the particular fourth of a league as soon as practicable, and the execution of another deed if necessary upon the request of Glasscock. Smith and wife bound themselves to make this sale…
2Cases cited1 opinion
- Simons v. SimonsTexas Supreme Court · 1855
3Cited by17 opinions
- Gordon v. Rhodes & DanielTexas Supreme Court · 1909
- Dull v. BlumTexas Supreme Court · 1887
- League v. RoganTexas Supreme Court · 1883
- Browning v. PumphreyTexas Supreme Court · 1891
- Boon v. ChamberlainTexas Supreme Court · 1891
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