Watkins v. Gilkerson
Texas Supreme Court
Appeal from Busk. The petition disclosed the following facts : In the year 1840 one Kobert Gilkerson, deceased, placed in the hands of the appellant tiie following land claims, to wit, tiie bounty land warrant of Francis Gilkerson for one thousand two hundred and eighty aeres of laud, the donation land claim of tiie said Francis for six hundred and forty acri-s, another bounty land claim in the name of said Francis, and also his own head right certifícale for three hundred…
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Appeal from Busk. The petition disclosed the following facts : In the year 1840 one Kobert Gilkerson, deceased, placed in the hands of the appellant tiie following land claims, to wit, tiie bounty land warrant of Francis Gilkerson for one thousand two hundred and eighty aeres of laud, the donation land claim of tiie said Francis for six hundred and forty acri-s, another bounty land claim in the name of said Francis, and also his own head right certifícale for three hundred and twenty acres — in all, claims to (lie amount of two thousand eight hundred and eighty acres of land. At the time said…
1Opinion of the CourtLipscomb, J.
The court below sustained the demurrer to the plaintiff's petition, upon the ground that the verbal contract sued on was contrary to tile provision of the act to prevent fraud and fraudulent conveyances. (Hart. Dig., art. 1451.) We cannot, however, so regard it. It is not a “ contract for the “sale of lauds.” It is a contract by which the parties.agree to acquire land jointly. Neither of them owned the laud contemplated to be acquired. One was to furnish the certificates by which the laud could be obtained ; the other was to furnish the labor and expense of looking for laud and locating the…
2Cited by14 opinions
- Sprague v. HainesTexas Supreme Court · 1887
- Hearne v. GillettTexas Supreme Court · 1884
- Cox v. BrayTexas Supreme Court · 1866
- Gibbons v. BellTexas Supreme Court · 1876
- Shifflet v. MorelleTexas Supreme Court · 1887
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