Huffman v. Cartwright

Citations

• 44 Tex. 296

Syllabus

<p>1. Evidence.—An instrument, though not valid by reason of the want of authority in the agent who executed it, is admissible in evidence in a suit against the agent or his heirs to establish as against them the truth of its recitations.</p> <p>2. Agent to sell land.—Written authority is not necessary to enable an agent to bind his principal in an executory contract for the sale of land.</p> <p>3. Partition—Estoppel.—If one entitled to a locative interest of one-third in a tract of land verbally agrees with another that he shall appropriate a particular portion of the survey in satisfaction of his claim, this as between the parties amounts to a parol partition of the land, and its validity cannot be afterwards objected to by the assumed owner of the two-thirds, who afterwards acquires title, on the ground that when the agreement was made he had no title.</p> <p>4. Parties.—All persons whose interests are to be affected by a decree to compel a conveyance of land alleged to be held in trust are necessary parties to the suit.</p>