Robertson v. Simpkins & Simpkins

Citations

• 61 Tex. 259
• 1884 Tex. LEXIS 88

Syllabus

<p>1. Deed — Equity — Warranty.— One claiming land under a deed with special warranty, which had previously been conveyed by his vendor to another, with a verbal understanding for a reconveyance on stipulated conditions, cannot recover the land, which was afterwards conveyed by the first vendee to a third party at the request of the administrator of the first vendor’s estate, such last conveyance not being made in fulfilment of the conditions, but at the request and on the personal guaranty of the administrator, and to settle a debt due from the estate. By such a transaction, the title was not intercepted, and in equity passed to the estate by the last deed, and was not diverted by the warranty contained in the original vendor’s second deed.</p>