Roberts v. Thorn
Texas Supreme Court
This suit was instituted by Felix G. and Noel G. Roberts, executors of the will of Elisha Roberts, deceased, against the administrator and heirs of Frost Thorn, deceased.
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This suit was instituted by Felix G. and Noel G. Roberts, executors of the will of Elisha Roberts, deceased, against the administrator and heirs of Frost Thorn, deceased. The petition of the plaintiffs alleged that on or about the 24th day of September, 1834, one Adolphus Sterne claimed to own the Cordova grant of land, in Nacogdoches county, containing about three and a half leagues of land, on which day he sold and conveyed to Frost Thorn, in his life-time, one undivided half of said grant; that about the 7th day of January, 1835, said Sterne sold and conveyed the remaining undivided…
1Opinion of the CourtWheeler, C. J.
The question to be determined is whether, upon the case stated in the petition, the appropriation of the land in question by Thorn as vacant land enured to the benefit of the plaintiff’s testator? In Van Horne v. Fonda, (5 Johns. Ch. R., 388,) Chancellor Kent decided that one of two devisees could not purchase an incumbrance on their joint estate and use it to sell the land, and to strip the other of his property. The chancellor said: “I will not say that one tenant in common may not, in any case, purchase in an outstanding title for his exclusive benefit. But when two devisees are in…
2Cited by36 opinions
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- Shell Oil Co., Inc. v. HowthTexas Supreme Court · 1942
- Wooley v. Shell Petroleum Corp.New Mexico Supreme Court · 1935
- Elston v. PiggottIndiana Supreme Court · 1884
- Wiggins v. HolmesCourt of Appeals of Texas · 1931
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