Parks v. Caudle
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. The suit was one of trespass to try title. The opinion states all facts necessary to a proper understanding of the points decided, except the description given by the party and witness Caudle of the lost deed. On this point he testified as follows: “ Joel D. Parks executed a deed to Wm. A. Park’s headright certificate, located in Grayson county, Texas, less the locative interest, and delivered the deed to Wm.
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Appeal from Grayson. Tried below before the Hon. Joseph Bledsoe. The suit was one of trespass to try title. The opinion states all facts necessary to a proper understanding of the points decided, except the description given by the party and witness Caudle of the lost deed. On this point he testified as follows: “ Joel D. Parks executed a deed to Wm. A. Park’s headright certificate, located in Grayson county, Texas, less the locative interest, and delivered the deed to Wm. A. Park; W. H. Mathews and F. M. White witnessed the deed.” White testified that in 1858 “ Joel D. Parks transferred back…
1Opinion of the Court
Gould, Chief Justice.
J. H. Caudle and wife sue in right of the wife, as sole heir of Wm. A. Park, deceased, to recover the Wm. A. Park one thousand four hundred and seventy-six acre survey, patented to him in 1849, and conveyed by him to Joel D. Parks in 1856. Their claim to the land is based on an alleged reconveyance by Joel D. Parks to Wm. A. Park in the fall or winter of 1858, and they sought to establish the execution of this deed by oral testimony, asserting that the instrument itself had been destroyed by fire. Wm. A. Park died in 1859, and Joel D. Parks died in 1867. The heirs of Joel…
2Cases cited3 opinions
- Lewis v. Heirs of AylottTexas Supreme Court · 1876
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3Cited by73 opinions
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- Dohoney v. WomackCourt of Appeals of Texas · 1892
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