Sutton v. Sutton

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. I. B. McFarland. Charles Sutton in his petition alleged that he and John Sutton owned, jointly and equally, three hundred and ninety acres of land in Washington county, Texas, having bought the same from I. G. Killough on September 18, 1855, giving notes for purchase money, which notes had been paid promptly, but no deed executed for the land; that he bought and paid for, jointly with John Sutton, sixty-nine acres of John P. Bell, and traded this…

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Decided 1873-07-01

How this case has been cited

Cited by 4 later decisions — most recently August 1992

1 federal appellate · 3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Walker, J.

¶1We have in all cases held that one who purchases land for Confederate money cannot be regarded as a bona fide purchaser for a valuable consideration.

¶2If it cannot be ascertained what portion of the note originally sued on was given in payment for the land, the vendor’s lien cannot be enforced. (Wasson v. Davis, 34 Texas, 168; Swain v. Cato, 34 Texas, 398.)

¶3But Charles F.-Sutton claims that John Sutton held the legal title to the whole of the lands in controversy, by ■ consent of the parties, whilst he was in equity entitled to one-half of" the land, having paid his own money for it.

¶4If this be true, his equitable interest in the "land will entitle him to partition;

¶5The judgment of the District Court is reversed and the cause remanded.

¶6. Reversed and remanded.