Zimpelman v. Keating
Texas Supreme Court
Appeal from El Paso. Tried below before Hon. John Bailey, Special District Judge. This suit was instituted in the District Court of El Paso County on September 25, 1882, by appellant, to recover of the appgllge Keating a certain tract known as “ White's Ranch,” lying in said county about eight miles above the city of El Paso, and containing three hundred and twenty acres.
Read the full summary
Appeal from El Paso. Tried below before Hon. John Bailey, Special District Judge. This suit was instituted in the District Court of El Paso County on September 25, 1882, by appellant, to recover of the appgllge Keating a certain tract known as “ White's Ranch,” lying in said county about eight miles above the city of El Paso, and containing three hundred and twenty acres. On September 5, 1884, E. J. Orn was made a party defendant. f virtue of a deed executed to him Keating answered by plea of not guilty, and specially: 1. That while admitting he executed said deed to appellant, there was no…
1Opinion of the Court
Collard, Judge.
It was not contended in the court below on the-part of defendants that Kerber was authorized to make the deed to Keating as Zimpelman’s agent. The question was, had Zimpelman ratified the-act of Kerber, who assumed without authority to make the deed ? Kerber was the agent of Zimpelman to collect his rents at El Paso, to report purchases, and to make sales of lands, but he had no power to-make deeds as the agent of Zimpelman. What authority Kerber had was verbal only. Kerber might under parol authority only negotiate sales of Zimpelman’s lands, but he could not consummate a…
2Cases cited2 opinions
- Mays v. RutledgeTexas Supreme Court · 1873
- Ross v. SmithTexas Supreme Court · 1876
3Cited by9 opinions
- Skirvin v. O'BrienCourt of Appeals of Texas · 1906
- Meyer, Bannerman & Co. v. SmithCourt of Appeals of Texas · 1893
- Montgomery v. NevinsCourt of Appeals of Texas · 1954
- Texas Moline Plow Co. v. KlapprothTexas Commission of Appeals · 1919
- Woodson Mill & Elevator Co. v. Graham Mill & Elevator Co.Court of Appeals of Texas · 1933
4 more not listed; retrieve them via the Exa API.