Miller v. Roberts
Texas Supreme Court
Appeal from Dallas. . Tried below before the Hon. Nat. M. Burford. The petition in this case was filed December 22d, 1855, and was as follows : Tour petitioner, Stephen H. Miller, who resides in the county of Grayson and State of Texas, respectfully represents, that heretofore, to wit, in the month of March or April, 1848, he was residing in the county of McMinn and State of Tennessee ; that he then and there entered into a contract with Joel Roberts, who resides in the…
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Appeal from Dallas. . Tried below before the Hon. Nat. M. Burford. The petition in this case was filed December 22d, 1855, and was as follows : Tour petitioner, Stephen H. Miller, who resides in the county of Grayson and State of Texas, respectfully represents, that heretofore, to wit, in the month of March or April, 1848, he was residing in the county of McMinn and State of Tennessee ; that he then and there entered into a contract with Joel Roberts, who resides in the county of Dallas and State of Texas, whereby said Roberts undertook and agreed with your petitioner, that if he (your…
1Opinion of the CourtWheeler, J.
The contract, set out in the petition, was not a contract for the sale of lands. There was no land, in particular, which was the subject of the contract. It was a contract for the acquisition, of land in which, at the time, there was not any individual proprietorship. It was analagous to the case of one man furnishing another with funds to purchase land for him, or them jointly. Such a contract creates a trust, which is not within the statue of frauds. It was no more a contract for the sale of lands, than an agreement to locate land certificates and procure patents for a part of the land»…
2Cited by25 opinions
- Sprague v. HainesTexas Supreme Court · 1887
- W. M. W. N.W. Ry. Co. v. WoodTexas Supreme Court · 1895
- Hunt v. ElliottIndiana Supreme Court · 1881
- C. C. Slaughter Cattle Co. v. Potter CountyCourt of Appeals of Texas · 1921
- Cockburn v. O'MEARACourt of Appeals for the Fifth Circuit · 1944
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