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53 Tex. 229

Wallace & Co. v. Campbell

Texas Supreme Court

Decided April 10, 1880

Texas Supreme Court · decided 1880-04-10

Tried below before the Hon. R. R. Gaines. Suit in trespass to try title, brought by appellants Wallace & Co. against appellees, on the 6th day of February, 1874, for the recovery of one hundred and sixty acres of land in Lamar county, which was deeded to S. B. Maxey, trustee, for J. K. P. Campbell, January 30, 1872, by H. R. Ryan.

Good law ✅— No negative treatment on recordhow we know

Decided 1880-04-10

How this case has been cited

Cited by 11 later decisions — most recently February 1964

1 federal appellate · 9 state decisions

50188018901900191019201930194019501960decided

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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Gould, Associate Justice.

¶11. The transcript of the proceedings and decree of the chancery court of Tennessee was properly admitted in evidence, not as a muniment of title to land in Texas, but as showing the nature and terms of the trust attaching to the funds transferred by order of said court to the trustee appointed by the district court of Lamar county to receive them, and attaching also to the land in which said funds were invested by said trustee.

¶22. The trustee Maxey held the title to the land in which said funds were invested in trust to apply the income to the use and benefit of the cestui que trust, Campbell. The land not to be subject to the debts of said Campbell, and Campbell had no interest therein subject to execution. Nichols, Assignee, v. Eaton, 1 Otto, 727, and cases there cited; Gamble v. Dabney, 20 Tex., 76.

¶33. The appellants were chargeable with notice of the trust. Having levied on what was at most an equitable interest, with notice that the legal title was held by Maxey, they acquired, by virtue of the registration laws, no better title than Campbell had.

¶4The judgment is affirmed.

¶5Affirmed.

¶6[Opinion delivered April 10, 1880.]

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