Simmons v. Dinsmore

Citations

• 56 Tex. 404
• 1882 Tex. LEXIS 48

Syllabus

<p>1. Agreement between purchasers —Secret trust — Constructive notice.— D. conveyed his headlight league to R., who, however, claimed one-half, holding the other half in trust for D. H. having verbally agreed with D. to buy his half of the league, applied to R. and obtained from him an agreement to divide the land as soon as practicable, the agreement reciting, “ Now we, the parties above named, having been purchasers of said land from said D.” H., who had never paid D. for the one-half league, sold it by title bond to B., and the latter conveyed it to T. B., who procured an order from the probate court directing the executors of R. to convey to him all the interest of R.’s estate in the one-half league. This conveyance was made, and T. B. subsequently conveyed to plaintiff. Held,</p> <p>(1) That the agreement between R. and H. passed no title.</p> <p>(3) That the agreement shows on its face that H. only claimed through a purchase by R. and H. of D., and shows, therefore, that he was not a bona fide purchaser for value from R.</p> <p>(8) That the decree, and the conveyance in obedience to it, being based on this agreement, the plaintiff’s vendor, in whose chain of title these constituted a necessary link, was charged with notice that H. had only such right as was derived from D., and had none by purchase from R.</p> <p>(4) That the heir of D. not having been á party to the proceeding in the probate court, was not affected thereby.</p> <p>(5) That although the decree and conveyance vested the legal title in T. B., he held it in trust for D., unless he had acquired the equitable interest of D. or his heir.</p> <p>(6) That a charge which assumed that there was a secret trust in regard to the land between H. R. and D. was erroneous. A sale by H. to D. was necessary to the -existence of such a trust, and the fact of such a sale was an issue for the jury.</p> <p>(7) At the time of the conveyance to plaintiff there was on record a conveyance from the heir of D. to one-hal