Horm v. Shamblin

Citations

• 57 Tex. 243
• 1882 Tex. LEXIS 127

Syllabus

<p>1. Pleading.— In a suit for the recovery of an interest in land based on a contract which, under the statute of frauds, could only be enforced when written, a demurrer to the petition, on the ground that it contained no allegation that the contract was in writing, will not be sustained.</p> <p>2. Piie-bmption.— A contract by which one desiring to appropriate public domain as a pre-emptor, agrees to convey to a third party a portion of the land when title is secured, in consideration of his services in building a house on the land, fencing and cultivating it, is not violative of public policy, and, after the issuance of title by the state, may be enforced.</p>