Baggett v. McKenzie

Citations

• 28 Tex. 581

Syllabus

<p>The plaintiff took W.’s bond for title to a tract of land in Dallas county, the title to be made as soon as W. “could obtain a patent therefor, or otherwise come at a title.” W,’i head-right certificate had been previously filed on the land, but no mention of this fact was made in the bond, and the certificate was left subject to the control of W. Subsequently W., without the knowledge of the plaintiff, lifted the certificate from the land mentioned in the title bond, and transferred it to M., who located it on land in Johnson county. The plaintiff sued W. and M., charging them with fraud and collusion, praying judgment for his damages, and that the land located by M., in Johnson county, be subjected to the judgment, or that title thereto be decreed to him, the plaintiff. There was no evidence fixing fraud, collusion, or notice upon M., and the plaintiff had taken no steps to disable W. from lifting and transferring the certificate: Held, that the plaintiff was entitled to judgment for damages against W., but not to any recovery or relief as against M., or the land located by him under the certificate.</p>