Curlin v. Hendricks

Citations

• 35 Tex. 225

Syllabus

<p>1. That a mere voluntary defective conveyance or donation of real estate-will not be enforced, either at law or in equity, is too well settled to-be now questioned.</p> <p>3. While a valuable consideration is requisite to invoke the aid of equity in the enforcement of a defective conveyance, it is not necessary that-the consideration be of a pecuniary character, nor that it be a full or adequate equivalent for the property. If some benefit is to enure to-the party promising, or some detriment to be sustained by the promisee, it constitutes a sufficient consideration.</p> <p>8. Reviewing the case of Boze v. Davis, 14 Texas, 831, this court disapproves the disposition made of that case, and considers that a sufficient consideration was established therein. And with respect to the case of Neal v. Neal, 9 Wallace, 8, this court deems that the valuable considerations of marriage and the expenditure of money were-shown, and sufficed to uphold the parol promise and equities.</p> <p>4. In 1846, one B. avowed his wish to purchase the town lot in controversy for his two sons, and having then purchased it, he said, on several occasions in 1847 and 1848, that he had given it to his son Francis, who, in the spring of 1847, went into possession of it, improved it, and subsequently occupied and claimed it as his own. No consideration of any kind passed, and B. died in 1850, without making any conveyance or other disposition of the property. H., the plaintiff in this action of trespass to try title, recovered a money judgment against Francis in 1856, levied on the lot as his property and bought it at the sheriff’s sale, in March, 1857. JBeld, that Francis, as a donee or purchaser from his father, acquired no title or right which could be protected or enforced by the courts in his favor, or in favor of any one claiming under him; that his improvements, being made without his father’s consent and for his own benefit, with full knowledge of the condition of the title, raised no equ