Hyde v. McFaddin

Citations

• 140 F. 433
• 72 C.C.A. 655
• 1905 U.S. App. LEXIS 3941

Syllabus

<p>1. Adverse Possession — Actual Possession — Character oe Inclosure.</p> <p>The inelosure of a tract of, land with a large quantity of other lands in a pasture by means of a small amount of fencing, the remainder of the inclosure being by natural barriers, such as streams and bayous, is not such an actual and visible appropriation of such tract as to constitute adverse possession.</p> <p>[Ed. Note. — For cases in point, see vol. 1, Cent. Dig. Adverse Possession, § 101.]</p> <p>2. Evidence — Documents—Ancient Instrument.</p> <p>A deed executed in 1836, conveying land in Texas, is admissible in evidence as an ancient instrument, with the presumptions attaching thereto.</p> <p>[Ed. Note. — For cases in point, see vol.’ 20, Cent. Dig. Evidence, § 1615.]</p> <p>3. Cancellation oe Instruments — Unconscionableness oe Contract.</p> <p>Evidence considered, and held to entitle complainants to the cancellation of a deed to lands in Texas, executed in their behalf by their attorney in fact, and delivered by the local attorney employed by him to institute and prosecute a suit in complainants’ behalf to recover the lands, on the ground that at the time the deed was procured to be made and passed to defendant through such local attorney, and under the circumstances shown, it was unconscionable in defendant to demand or accept delivery; the price paid for the land being less than $2 per acre, and it clearly appearing from the evidence that at the time the agreement was made its actual market value was from $10 to $20 per acre, and that at the time the deed was delivered it was worth in the market many times such price, owing to the recent discovery of oil in large quantities in the vicinity, of which facts complainants and their attorney in fact, who lived at a distance, had no knowledge and were not advised by their attorney.</p>