McCormick v. Cheveral
Texas Commission of Appeals
Appeal from Harris county. Opinion by Walker, P. J. Statement.— This was a suit brought by the appellee against the appellant, of trespass to try title for the recovery of a certain tract of fifty acres of land; both parties claiming through Michael McCormick.
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Appeal from Harris county. Opinion by Walker, P. J. Statement.— This was a suit brought by the appellee against the appellant, of trespass to try title for the recovery of a certain tract of fifty acres of land; both parties claiming through Michael McCormick. The plaintiff claimed, through a deed from Michael McCormick dated 16th of January, 1868. The defendant claimed through a deed made by John Brashear, by virtue of a sale made by him, claiming to act as substituted trustee in the execution of a certain deed of trust made by Michael McCormick on the 23d day of April, 1866, conveying to…
1Opinion of the Court
Opinion.— If to render the appointment of a substituted trustee valid a written document for that purpose is essential, and also that the power and authority of such substituted trustee must be derived from that source, it unquestionably, when executed, is a document which must- depend, in respect to its validity to confer the power, upon the legal construction to be placed upon it. It is a question of law whether the instrument of writing thus made is, or is not, an appointment of the substitute trustee; as much so as it is a question of law whether the appointment contained in the deed of…
2Cases cited1 opinion
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