Bingham v. Barley
Texas Supreme Court
Appeal from Collin. Tried below before the Hon. W. H. Andrews. Suit in trespass to try title, brought by plaintiff to recover of the defendant Barley a portion of the Mary Scott survey. The heirs of Mary Scott, Martha, with her husband, Malcolm Johnson, Sarah Scott and Elbert Scott, on September 26, 1855, sold the land in controversy, and conveyed it to Geo. H. Pegues, reciting the consideration paid as $400. At that time Elbert Scott was a minor.
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Appeal from Collin. Tried below before the Hon. W. H. Andrews. Suit in trespass to try title, brought by plaintiff to recover of the defendant Barley a portion of the Mary Scott survey. The heirs of Mary Scott, Martha, with her husband, Malcolm Johnson, Sarah Scott and Elbert Scott, on September 26, 1855, sold the land in controversy, and conveyed it to Geo. H. Pegues, reciting the consideration paid as $400. At that time Elbert Scott was a minor. On the 23d of December, 1863, Pegues sold and conveyed the same land to Wm. H. Brown, who, on January 7, 1864, sold and conveyed it to the…
1Opinion of the Court
Quinan, J. Com. App.
The principal question raised by the assignments of error, and indeed the only question discussed in the briefs of the counsel for the parties in this court, is the correctness of the charges of the court.
*285On the part of the appellant it is contended that they do not properly state the law of the case, and he insists:
1. That, where a minor conveys land by deed, it is not necessary on his coming of age to offer to restore the consideration received, in order to a disaffirmance of the contract and a recovery back of the land, but that his reconveyance is a sufficient…
2Cases cited4 opinions
- Kilgore v. JordanTexas Supreme Court · 1856
- Stuart v. BakerTexas Supreme Court · 1856
- Prout v. WileyMichigan Supreme Court · 1873
- Thompson v. StricklandMississippi Supreme Court · 1876
3Cited by21 opinions
- Bullock v. SprowlsTexas Supreme Court · 1899
- Searcy v. HunterTexas Supreme Court · 1891
- Bearden v. Texas Co.Court of Appeals of Texas · 1931
- Kendrick v. Wheeler and BowmanTexas Supreme Court · 1892
- Vogelsang v. NullTexas Supreme Court · 1887
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