Fretelliere v. Hindes

Citations

• 57 Tex. 392
• 1882 Tex. LEXIS 156

Syllabus

<p>1. Parol evidence — Trust.— Parol evidence is admissible to show that a title, acquired by a vendor with warranty after the ouster of his vendee, was acquired in trust for a third party.</p> <p>2. Trust — Warranty.— The title having been so taken in trust for a third party, the rule that title subsequently acquired by a vendor, who has conveyed land by deed with general warranty, inures to the benefit of his vendee, has no application.</p> <p>3. Independent executor — Power op — Guardian.— An independent executor and testamentary guardian has authority to settle the claim of the estate, or of his ward, against the vendor, for the breach of warranty.</p> <p>On Motion for Rehearing.</p> <p>4. Practice in supreme court — Assignment op errors.— A question notraised by the assignment of errors, and not directly made in the briefs of appellant on the original hearing, will not be considered.</p>