Hermann v. Reynolds

Citations

• 52 Tex. 391
• 1880 Tex. LEXIS 5

Syllabus

<p>1. Contract—Right to land.—A right to land guaranteed by the Constitution and laws, though it be neither real nor personal property „ in esse, may be the subject of contract.</p> <p>2. Sale of land certificate.—A sale of a land certificate conveys the equitable title to the land on which it. is subsequently located.</p> <p>3. Power of attorney—Equitable title.—A sale under a power of attorney investing the agent with authority to sell the bounty claims of the principal, “'or any laud that may be secured thereby,” vests such equitable title in the purchaser as will enable him to maintain trespass to try title to recover the land, as against a trespasser.</p> <p>4. Distinguished.—This case distinguished from Johnson v. Newman, 43 Tex., 628.</p> <p>5. Case approved.—Keyes v. Railroad Co., 50 Tex., 174, approved.</p>