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· 1/22/1884

Threadgill v. Butler

Citations

  • 60 Tex. 599
  • 1884 Tex. LEXIS 10

Syllabus

<p>1. Power— Deed.— In 1848 the owner of land sold the same, received the purchase money and acknowledged and delivered a deed, perfect in every respect except that the jjame of the grantee was not inserted in a blank left for that purpose. At the same time the purchaser was verbally authorized by the vendor to fill the blank with his name, or that of any one to whom he might sell the land. In 1856 the purchaser sold the land to another, and with his deed delivered the deed he had received, with the blank not yet filled, and which he never filled until 1878, when, his attention being called to it, he inserted his own name. Held-.</p> <p>(1) The verbal authority given by the vendor to fill the blank with the name of the grantee, or with any other name, was sufficient.</p> <p>(2) The power to fill the blank was a power coupled with an interest, and was irrevocable.</p> <p>(3) The fact that the purchaser had sold the land to another before he executed his power to fill the blank did not work a revocation of his authority.</p>

Judges: App, Com, Watts

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