Wortham v. Thompson
Texas Supreme Court
Appeal from Lamar. Tried below before Hon. E. D. McClellan. The statement accompanying opinion is given. On the 22d day of November, 1881, W. G. Johnson sold to Aaron Wortham 35 acres of land in Lamar County, the deed reciting the consideration as $100 in cash paid and $250 by note of Wortham due in twelve months, no vendor’s lien being reserved in the nóte or the deed.
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Appeal from Lamar. Tried below before Hon. E. D. McClellan. The statement accompanying opinion is given. On the 22d day of November, 1881, W. G. Johnson sold to Aaron Wortham 35 acres of land in Lamar County, the deed reciting the consideration as $100 in cash paid and $250 by note of Wortham due in twelve months, no vendor’s lien being reserved in the nóte or the deed. By the 8th day of November, 1883, all the note had been paid but $50. On that day Johnson and Wortham agreed verbally to exchange lands, the latter to surrender his 35 acres for 14 acres in another place. Johnson made a deed…
1Opinion of the Court
COLLARD, Judge, Section A.
Plaintiff below, Geo. S. Thompson, relies solely for title as against Wortham upon facts which he insists amount to estoppel. We do not think there is any estoppel in the case. Where the purchaser has the same knowledge of the facts as the real owner, and the latter does not induce him to believe in a state of facts other than those known, it is difficult to see how there can be any fraud, actual or constructive. To constitute an estoppel in pais the purchaser must be influenced by the conduct or representations of the owner, which if untrue would be a fraud upon…
2Cases cited3 opinions
- Burleson v. BurlesonTexas Supreme Court · 1866
- Scoby v. SweattTexas Supreme Court · 1866
- Watson v. HewittTexas Supreme Court · 1876
3Cited by12 opinions
- Green v. PriddyTexas Supreme Court · 1923
- Crestview, Ltd. v. Foremost Insurance Co.Court of Appeals of Texas · 1981
- Kuykendall v. SpillerCourt of Appeals of Texas · 1927
- McLemore v. BickerstaffCourt of Appeals of Texas · 1915
- Hume v. CarpenterCourt of Appeals of Texas · 1916
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