Peterson v. Kilgore

Citations

• 58 Tex. 88
• 1882 Tex. LEXIS 214

Syllabus

<p>1. Evidence — Burden of proof — Power of attorney.— S., who held a power of attorney from E. G\\, of date October 28, 1856, to sell any lands or other property of E. G.’s in Texas, on November 16, 1858, conveyed to E. four hundred and thirty-seven and one-half acres of the M. McDonald headright six hundred and forty acre certificate, issued November 13, 1857, the deed purporting to be in his own name, and making no reference to the power of attorney. In October, 1858, there was a survey by virtue of this certificate (for whom made does not appear), and the land was patented to the heirs of E. Gr. in 186'2, she having died in 1861. On the same day that S. conveyed to E., the latter conveyed one hundred and sixty acres of the survey to L. S. Gr., who in 1859 conveyed to P., the plaintiff. After the death of E. Q-., a deed from E. to her for the fonr hundred and thirty-seven and a half acres, less the one hundred and sixty conveyed to L. S. Gr., of date June, 1859, was placed on record, at whose instance does not appear. The defendants claimed under a deed from the heirs oí E. Gr.; her son, and one of those heirs, being L. S. Gr. Held,</p> <p>(1) That the burden of proving that E. Gr., at the date of the deed made by S., had some title to the certificate or the land, devolved on the plaintiff claiming under that deed,</p> <p>(2) That the registration, after the death of E. Gr., of the deed from E. to her, was insufficient tu show that this deed was delivered to her, or that she had knowledge of its existence, and was insufficient to show that she had ratified the deed by S.</p> <p>(3) That as the action was trespass to try title to a specific one hundred and sixty acre tract, no interest which plaintiff may have had in the balance of the four hundred and thirty-seven and a half acres was before the court for acfiudieation.</p>