Holmes v. Johns
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. John P. White. Suit by Jane C. Holmes et als., brought the 23d of January, 1813. In the petition it was alleged that the plaintiffs, as the widow and children of Eli E. Gaither, were the legal and equitable owners of a league of land on the San Antonio road, in Hays county, known as league No. 1, and the same was set out by metes and bounds. That they deraigned title to the land: First.
Read the full summary
Appeal from Hays. Tried below before the Hon. John P. White. Suit by Jane C. Holmes et als., brought the 23d of January, 1813. In the petition it was alleged that the plaintiffs, as the widow and children of Eli E. Gaither, were the legal and equitable owners of a league of land on the San Antonio road, in Hays county, known as league No. 1, and the same was set out by metes and bounds. That they deraigned title to the land: First. By deed from John Stewart and Bartlett Sims to Chrisman, in trust for D. L. Richardson, deceased. Second. By deed from the executors of Richardson to plaintiffs,…
1Opinion of the Court
Quinan, J. Com. App.—
That the sale and conveyance of the league of land in controversy by John Stewart and Bartlett Sims to Chrisman, being made in violation of law before the issuance of the final title to Stewart, was *49a nullity, is well settled by repeated decisions of this court. Hunt’s Heirs v. Robinson, 1 Tex., 748; Robins’ Heirs v. Robins, 3 Tex., 396; Spillars v. Clapp; Hunt v. Turner, 9 Tex., 385; Burleson v. Burleson, 11 Tex., 2; Atkinson v. Bell, 18 Tex., 479; Babb v. Carrol, 21 Tex., 768; Desmuke v. Griffin, 10 Tex.; Williams v. Chandler, 25 Tex. 4.
In Atkinson v. Bell the grantee…
2Cases cited14 opinions
- F. J. Harrison & Co. v. BoringTexas Supreme Court · 1875
- Taylor v. HarrisonTexas Supreme Court · 1877
- McDonough v. CrossTexas Supreme Court · 1874
- Babb v. CarrollTexas Supreme Court · 1858
- Heirs of Hunt v. Heirs of RobinsonTexas Supreme Court · 1846
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Griggs v. BrewsterTexas Supreme Court · 1933
- Rowland v. MooreTexas Supreme Court · 1943
- Brown v. H. S. Simpson's HeirsTexas Supreme Court · 1887
- Cook v. BakerTexas Commission of Appeals · 1932
- Slayton v. SingletonTexas Supreme Court · 1888
20 more not listed; retrieve them via the Exa API.