Franks v. Williams

Citations

• 37 Tex. 24

Syllabus

<p>1. An affidavit for a continuance for want of testimony is insufficient if it fails to allege that the party expects to obtain the testimony at a future term of the court.</p> <p>2 W. purchased land from F. for twelve hundred dollars, paying the greater part in cash, and taking F.’s bond for title when payment of the balance should be made. W. died, leaving the balance unpaid, and his widow surrendered the title bond to F., with the understanding that he should take possession of the land, sell it, and with the proceeds pay himself his dues, and give to her the surplus. F. took possession of the land, and retained it. Held, that the relation between the parties is that of trustee and cestui que trust; F. is chargeable for the use of the property, and entitled to the value of necessary improvements put on it by him.</p>