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· 5/17/1883

Williams v. County of San Saba

Citations

  • 59 Tex. 442
  • 1883 Tex. LEXIS 192

Syllabus

<p>. 1. Administration.— An agreement male with an administrator, by which land belonging to the estate should not be sold, but conveyed to a county in consideration of a conveyance of land owned by I he county to one of the heirs, was void when not authorized by the probate court having jurisdiction of the estate, and in which administration was pending.</p> <p>2. Statute of frauds — Resulting trust.— When land is purchased on a credit, and a deed made to the purchaser which is intended by the parties to vest both the legal and equitable title in the purchaser, a subsequent payment of the purchase money by a third person does not have the effect of vesting the title in him who pays it, in the absence of some written memoranda in writing, signed by the parties, evidencing such to be their intention. Such a transaction creates no resulting trust, and is within the statute of frauds.</p>

Judges: Stayton

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